When a customer stops paying or a vendor misses a delivery, the business is left with a broken deal and unclear options. Owners in this spot often look for a lawyer for a business contract lawsuit in Tampa, and they need answers soon.
A business contract lawsuit asks a court or arbitrator to decide whether a party broke a commercial agreement and what follows. Ayala Law PA focuses on business litigation, commercial litigation and contract disputes for companies in Tampa, Hillsborough County and the wider Tampa Bay area.
What a Business Contract Lawsuit Involves
A business contract lawsuit is a claim that a party failed to perform a commercial agreement, or a company’s defense against that claim.
It fits owners, managers and officers of companies in Tampa, Brandon, Riverview, Plant City, Temple Terrace and across Hillsborough County whose agreement has stopped working. Your company may bring the claim, or it may need to defend one.
The contract usually decides where the case goes. Some agreements send disputes to arbitration, a private process where an arbitrator decides instead of a judge. Under Fla. Stat. § 682.02, an agreement in a record to arbitrate existing or future disputes is valid, enforceable and irrevocable, unless a ground exists for revoking a contract. Fla. Stat. § 682.02 reads: “(1) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.”
A court decides whether an arbitration agreement exists and whether a dispute falls under it. Whether a dispute is heard in court or in arbitration often depends on the terms of the contract at issue. Federal law also says a written arbitration clause in a contract involving commerce is generally valid and enforceable, under 9 U.S.C. § 2.
For the broader practice, see the business litigation overview.
If a customer has stopped paying or a landlord has sent a default notice, call (305) 570-2208 or contact our team to talk through your contract before the next deadline. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Contract Disputes the Firm Handles
The firm handles contract disputes that come out of ordinary commercial dealings. Common matters include:
- Vendor, supply and service agreements where payment, delivery or performance is in dispute.
- Commercial lease disputes over rent, default and termination between landlords and tenants.
- Construction contract disputes among contractors, subcontractors and owners, including nonpayment. Lien rights have their own notice rules, explained in notice to owner and lien rights.
- Shareholder and LLC agreement disputes that turn on what the written agreement says. See LLC member disputes.
- Real estate and international trade contract disputes, handled as commercial litigation. For easement questions, see commercial easement disputes.
Each category turns on different facts. A late shipment and a lease termination can both involve a signed agreement, yet the proof, the notices and the deadlines differ.
Contract Terms That Often Decide the Dispute
A few contract terms often decide a business contract dispute, so read them first.
- Notice and cure. Many contracts require written notice and a chance to fix a problem before termination. Whether that step was followed can matter a great deal.
- Dispute resolution. This clause sets arbitration or court. Under Fla. Stat. § 47.011, actions are brought in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located. That rule does not apply to suits against nonresidents.
- Payment and milestones. These terms set when money is owed and what triggers payment.
- Liability, indemnity and warranties. These limit what a party can recover. In a sale of goods, words like “as is” or “with all faults” generally exclude implied warranties, under Fla. Stat. § 672.316.
- Time limits. A contract clause that sets a shorter time to sue than the statute allows is void, under Fla. Stat. § 95.03.
A buyer who accepted goods generally must notify the seller of a breach within a reasonable time after he or she discovers or should have discovered it, or be barred from any remedy. See Fla. Stat. § 672.607. Acting on the notice clause early keeps your options open.
How a Business Contract Case Moves Forward
A business contract case usually moves from evaluation to a demand, a filing and then a resolution.
- Case evaluation. Review the contract, the performance history and the dispute, and identify the forum.
- Pre-suit steps. Send a demand or notice letter when the contract or strategy calls for it. Check any notice or cure periods.
- Filing. File a complaint in the proper Florida court, or demand arbitration under the contract. For construction disputes, the American Arbitration Association construction resources describe procedures parties can use under their contracts.
- Discovery. Both sides exchange documents and testimony to show what was agreed and what happened.
- Resolution. The case may end in settlement, mediation, an arbitration award or trial.
After a judgment, Florida’s Division of Corporations guidance on collecting judgments describes how creditors may file judgment liens and use sheriff levies.
How long this takes depends on the facts, the court or arbitration calendar and whether the parties settle.
Why Work With Ayala Law PA on a Contract Dispute
Ayala Law PA focuses on business litigation, commercial litigation and contract disputes, and its matters proceed in Florida courts and arbitration.
- Eduardo A. Maura is the lawyer responsible for this page. Support staff assist with case organization and office work.
- The firm’s only office is at 1646 W Snow Ave, Tampa, Florida. The firm works with businesses in Tampa, Hillsborough County and the Tampa Bay area, and its office is in Tampa.
- Contract disputes turn on wording, notices and timing. The case evaluation starts with those documents.
- No result can be promised in a contract dispute, because each agreement and set of facts is different.
Questions Business Owners Ask Before Filing
Do I need a signed contract to sue?
Not always. For a sale of goods of $500 or more, Florida generally requires a record showing a contract was made, signed by the party against whom enforcement is sought, with exceptions. See Fla. Stat. § 672.201.
How long do I have to file?
Florida sets deadlines by statute, and the right one depends on the type of claim. Check the dates early.
Will my case go to court or arbitration?
The dispute-resolution clause in your agreement usually decides it. The firm handles matters in both Florida courts and arbitration.
Can a contract term be thrown out as unfair?
Florida courts generally need both unfair dealing in how the deal was made and unfair terms, weighed together. See Basulto v. Hialeah Automotive.
Can I keep doing business with the other party?
Continued dealings and written messages can affect your rights. The firm reviews them during the case evaluation.
What should I bring to a case evaluation?
Bring the signed agreement, all amendments, emails, invoices and proof of delivery.
What about fees?
Fee questions are discussed when you book a case evaluation.
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.
Talk to Ayala Law PA About Your Contract Dispute
If a customer has stopped paying, or a landlord has sent a default notice, the contract is the place to start. Call (305) 570-2208 or book a case evaluation and bring the agreement, the notices and the invoices you already have.
Lawyer responsible for this page: Eduardo A. Maura, Ayala Law PA, 1646 W Snow Ave, Tampa, Florida. Attorney advertising.
