Commercial Litigation for Temple Terrace Businesses

Commercial Litigation in Temple Terrace

Commercial litigation covers business disputes over contracts, partnerships, shareholder rights, construction work and real estate. In Temple Terrace, the first questions are usually about deadlines, where the case can be filed, and whether the contract sends the dispute somewhere else.

Ayala Law PA focuses on business litigation, including commercial litigation and contract disputes, for businesses and entrepreneurs in Temple Terrace and across Hillsborough County. This page is the responsibility of Eduardo A. Maura, and the firm’s office is in Tampa, at 1646 W Snow Ave.

How long do you have to sue over a commercial contract in Florida?

The deadline depends on whether the contract was written or oral, so check the type of agreement first. Florida law gives written contracts a longer window than oral agreements.

Don’t assume a contract gives you more time. Under Fla. Stat. § 95.03, a contract clause that sets a shorter time to sue than the law allows is void. A clause that tries to shorten the deadline does not control.

Timing also affects claims you raise back at someone. Under Fla. Stat. § 95.11(3)(b), for actions founded on the design, planning, or construction of an improvement to real property, counterclaims, cross-claims, and third-party claims that arise out of the same conduct, transaction, or occurrence may be commenced up to 1 year after the pleading to which they relate is served, even if such claims would otherwise be time barred.

Where can a Temple Terrace business dispute be filed?

Most business lawsuits are filed in the county where the defendant lives, where the claim arose, or where the property in the case is located. Temple Terrace is in Hillsborough County, so many local disputes fit that county. Under Fla. Stat. § 47.011, actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located. This section shall not apply to actions against nonresidents.

Out-of-state companies can still face a Florida case. Under Fla. Stat. § 48.193, a person who operates or carries on business in Florida submits to Florida courts for claims arising from that activity. Breaching a contract by failing to perform acts the contract requires in Florida also counts.

What is the deadline for a construction dispute in Florida?

For most construction claims, the clock usually starts at completion, not when the work began. Under Florida law, an action founded on the design, planning, or construction of an improvement to real property must generally be commenced within four years. The period runs from the earliest of the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if it is not completed. For a latent defect, the period runs from when the defect is discovered or should have been discovered with the exercise of due diligence. In any event, the action must be commenced within seven years after that certificate or abandonment date. That period generally runs from the earliest of these dates: when the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or when construction is abandoned if it was not completed. For a latent defect, the period runs from when the defect is discovered or should have been discovered with due diligence, but the action must still be filed within 7 years of that earliest date. The time runs from the earliest of the temporary certificate of occupancy, the certificate of occupancy, the certificate of completion, or abandonment of unfinished construction.

Hidden defects follow a different rule. For a latent defect, the time runs from when the defect was discovered or should have been discovered with due diligence. Even then, the action must be started within seven years of that earliest completion or abandonment date.

Contractor and subcontractor disputes often turn on these dates. Gather the permit, the completion records and the dates of each defect early. Those records decide which clock applies.

How do settlement offers change the risk of a business lawsuit?

Settlement offers can shift costs, so they deserve a close look once a case is filed. Under Fla. Stat. § 45.061, a party may serve a written offer of settlement more than 60 days after service of a summons and complaint and not less than 60 days (or 45 days for a counteroffer) before trial. However, Fla. Stat. § 45.061 provides that this section does not apply to causes of action that accrue after the effective date of this act, and it also does not apply to any class action or shareholder derivative suit or to matters relating to dissolution of marriage, alimony, nonsupport, eminent domain, or child custody. Fla. Stat. § 45.061 reads: “The offer shall remain open for 45 days unless withdrawn sooner by a writing served on the offeree prior to acceptance by the offeree.” The offer stays open for 45 days unless it is withdrawn earlier. Fla. Stat. § 45.061 reads: “The offer shall remain open for 45 days unless withdrawn sooner by a writing served on the offeree prior to acceptance by the offeree.” If it is neither withdrawn nor accepted within 45 days, it is deemed rejected.

The law also presumes some rejections are unreasonable. Under the same statute, an offer is presumed unreasonably rejected by a defendant if the judgment is at least 25 percent greater than the offer. A plaintiff faces the same presumption if the judgment is at least 25 percent less than the offer. A motion for sanctions must be made by the offeror within 30 days after the entry of judgment.

A related rule applies in civil damages cases. Under Fla. Stat. § 768.79, a defendant’s offer of judgment that the plaintiff does not accept within 30 days can shift reasonable costs and attorney’s fees. That happens if the judgment is no liability or at least 25 percent less than the offer.

Court-ordered mediation changes the timing. Under Fla. Stat. § 44.102, when a case is sent to mediation by court order, the response periods for these offers pause until the mediator declares an impasse or reports that no agreement was reached. The same statute says a court must, on one party’s request, refer most filed civil actions for monetary damages to mediation, provided the requesting party is willing and able to pay the costs of the mediation or the costs can be equitably divided between the parties. Fla. Stat. § 44.102 reads: “(2) A court, under rules adopted by the Supreme Court: (a) Must, upon request of one party, refer to mediation any filed civil action for monetary damages, provided the requesting party is willing and able to pay the costs of the mediation or the costs can be equitably divided between the parties, unless: 1.” Exceptions apply, including debt collection actions and cases the parties have agreed to send to binding arbitration.

Arbitration clauses: check them before you file

An arbitration clause can decide where your dispute is heard. Under Fla. Stat. § 682.02, an agreement in writing to arbitrate existing or future disputes is valid, enforceable, and irrevocable. The exception is a ground that exists in law or equity for revoking a contract.

The court decides whether an arbitration agreement exists and whether a dispute falls under it. An arbitrator decides certain conditions that come before arbitration can proceed. The American Arbitration Association describes arbitration as a binding method for resolving commercial disputes. Read the dispute clause before sending a demand letter or filing suit.

Fee clauses and sanctions cut both ways

A contract’s fee clause can help either side. Under Fla. Stat. § 57.105, if a contract lets a party recover fees for enforcing it, the court may award reasonable fees to the other side when that side wins. That applies to contracts entered into on or after October 1, 1988.

The same statute covers unsupported claims. A court shall award a reasonable attorney’s fee to the prevailing party, paid in equal amounts by the losing party and its attorney, if it finds they knew or should have known a claim or defense lacked factual support or legal footing; but fees for lack of legal footing may not be awarded against a represented party, and an attorney who acted in good faith on the client’s representations of the facts is not sanctioned. A sanctions motion cannot be filed unless the challenged paper is not withdrawn or corrected within 21 days after service.

Waiting can affect whether you can cancel a contract

Delay can matter when a business wants out of a deal. Ratification occurs when a party entitled to rescind a voidable contract fails to do so after discovering the facts that justify rescission. In Flaherty v. Flaherty, the court explained that ratification occurs when a party entitled to rescind a voidable contract fails to do so after discovering facts that warrant a rescission.

How Ayala Law PA handles these disputes

Ayala Law PA handles commercial litigation, contract disputes, shareholder disputes, construction litigation, real estate litigation and international trade litigation. The firm represents businesses and entrepreneurs in Florida courts and arbitration. The firm’s office is in Tampa, at 1646 W Snow Ave, and it handles matters for businesses in Temple Terrace and Hillsborough County.

Every dispute turns on its own contract, dates and records. The outcome depends on the facts of each case, and no result can be promised.

Frequently asked questions