Commercial Contract Arbitration Lawyer Florida
A commercial contract arbitration lawyer Florida businesses can contact starts with one question: where should the dispute be heard? A commercial contract dispute between businesses can end up in private arbitration or in a Florida court. The contract’s dispute clause usually decides which one. Ayala Law PA focuses on business litigation, including contract disputes, in Florida courts and arbitration. Our office is located at 1646 W Snow Ave, Tampa, Florida. The firm handles matters for businesses in Tampa, Hillsborough County, and across the Tampa Bay area, with its office located in Tampa, Florida.
Not sure what your next step is?
Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
What Commercial Contract Arbitration and Litigation Involves
A commercial contract dispute is a disagreement between businesses about what a contract requires or whether it was followed. Common examples include nonpayment, breach of contract, disputed work, and disagreements over contract terms.
This page is for business owners, managers, and entrepreneurs facing these disputes. Contractors and subcontractors in construction disputes fit here too.
Start by pulling the contract’s dispute clause. That clause often decides whether the matter goes to arbitration or to court. In Basulto v. Hialeah Automotive, the court concluded that “both the procedural and substantive aspects of unconscionability must be present, although not necessarily to the same degree, and both should be evaluated interdependently rather than as independent elements.”
Ayala Law PA handles commercial and contract disputes, shareholder and partnership disputes, construction litigation, real estate litigation, and international trade litigation.
Arbitration, Mediation, and Litigation Compared
Arbitration is a private process where an arbitrator decides the dispute. A lawsuit is decided by a judge or jury in a public court. Here is how they differ:
- Decision-maker: An arbitrator in arbitration. A judge or jury in court.
- Record: Court filings are generally public. Arbitration hearings are usually private.
- Appeals: Florida allows appeals from certain orders, including an order confirming an award (Fla. Stat. § 682.20). The grounds to vacate an award are listed in Fla. Stat. § 682.13.
- How it starts: A demand under the contract for arbitration, or a complaint filed in court.
Binding and non-binding arbitration are different, so read the clause closely.
Mediation is a negotiated step. Some contracts require it before arbitration or a lawsuit.
Federal law covers contracts involving interstate commerce. A written arbitration clause in any maritime transaction or in a contract evidencing a transaction involving commerce is valid, irrevocable, and enforceable, save upon grounds that exist at law or in equity for revoking any contract or as otherwise provided in chapter 4 of the federal act (9 U.S.C. § 2). Florida law also makes an arbitration agreement in a record valid, enforceable, and irrevocable, except upon a ground that exists at law or in equity for revoking a contract (Fla. Stat. § 682.02).
What the Service Covers
The service covers the contract review, the arbitration or lawsuit, and what happens after a decision. Each piece builds on the dispute clause and the facts.
- Reviewing the contract, dispute clause, notice provisions, and payment terms to find claims and defenses.
- Filing or answering an arbitration demand, including counterclaims.
- Asking a court to order arbitration. If the other side opposes, the court decides summarily and orders arbitration unless no enforceable agreement exists (Fla. Stat. § 682.03).
- Asking a court to pause a lawsuit while a claim goes to arbitration. A court may not refuse arbitration just because the claim lacks merit.
- Breach of contract, nonpayment, and construction claims, including lien-related matters and construction contract fraud where the facts support them.
- Commercial and real estate litigation in Florida circuit courts, including pleadings, discovery, motions, and settlement talks.
- Enforcing or challenging arbitration awards and judgments.
- Fees and costs are explained before any engagement.
How the Process Works
The process runs in six steps, from first contact to a final award, judgment, or settlement.
- Intake. Send the contract, invoices, correspondence, and any demand or complaint, plus any deadlines you have noted.
- Document review. Locate the dispute clause, governing terms, notice rules, and time limits.
- Forum decision. Compare arbitration and court against the contract, the amount in dispute, and your business goals.
- Filing or response. Start or answer the arbitration or lawsuit, and preserve defenses and counterclaims.
- Discovery and motions. Timelines vary by forum, claims, and the other side’s conduct. No timeline is promised.
- Resolution. A hearing, award, judgment, or settlement, followed by enforcement or appeal where the law allows.
Deadlines can be short, so act quickly on any demand letter or complaint. Florida sets filing deadlines by statute, and the period depends on the type of claim (Fla. Stat. § 95.11).
A motion to vacate an arbitration award generally must be filed within 90 days after notice of the award. If the award was procured by corruption, fraud, or other undue means, the motion must be filed within 90 days after the ground is known or by the exercise of reasonable care would have been known (Fla. Stat. § 682.13).
Why Work With Ayala Law PA
Eduardo A. Maura is the lawyer responsible for these matters, and the firm focuses on business litigation in Florida.
- Eduardo A. Maura handles commercial, contract, construction, real estate, shareholder, and international trade disputes in Florida courts and arbitration.
- Our team, including support staff, handles case management and document work.
- It serves businesses in Tampa, Hillsborough County, Brandon, Riverview, Plant City, Temple Terrace, and across the Tampa Bay area.
- No outcome can be promised. Each case turns on its own contract and facts.
Not sure what your next step is?
Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Frequently Asked Questions
Can my business be forced into arbitration?
Yes, if the written contract has a valid arbitration clause. Florida law makes that clause valid, enforceable, and irrevocable unless a ground to revoke a contract applies (Fla. Stat. § 682.02).
Can I still sue if the contract requires arbitration?
On motion of a party showing an agreement to arbitrate and alleging that another party refused to arbitrate under it, a Florida court shall order the parties to arbitrate unless it finds there is no enforceable agreement to arbitrate. If the court orders arbitration, it shall, on just terms, stay any judicial proceeding that involves a claim subject to the arbitration (Fla. Stat. § 682.03). The outcome depends on the contract and the claims.
Who pays attorney’s fees?
Who pays often depends on the contract. A contract that allows fees to a party required to enforce it may let the court also award reasonable attorney’s fees to the other party when that party prevails, for contracts entered into on or after October 1, 1988 (Fla. Stat. § 57.105).
Can a contract shorten the time to sue?
Florida sets filing deadlines by statute, and the period depends on the type of claim (Fla. Stat. § 95.11).
Do oral agreements count?
Oral deals can be hard to prove. An oral contract is subject to the basic requirements of contract law, such as offer, acceptance, consideration, and sufficient specification of essential terms (St. Joe Corp. v. McIver).
Talk to Eduardo A. Maura About Your Contract Dispute
If your business has received an arbitration demand or a lawsuit, contact the firm to review your commercial contract arbitration options before the next deadline. Call (305) 570-2208 or request a case evaluation.
