Business litigation is a lawsuit or arbitration claim between a company and the people it deals with, such as owners, partners, customers, suppliers and contractors. Ayala Law PA focuses on business litigation for companies in Hillsborough County, Brandon, Riverview, Plant City, Temple Terrace and the wider Tampa Bay area. The firm’s office is at 1646 W Snow Ave in Tampa, and matters are handled in Florida courts and arbitration.
What Business Litigation Covers for Hillsborough County Companies
Business litigation covers disputes that come from how a company makes deals, runs its operations or divides ownership. It fits owners, managers and entrepreneurs who face a conflict that could hit revenue, daily operations or control of the company.
Where a case is filed is set by law. Under § 47.011, actions are brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located, and this section does not apply to actions against nonresidents. Whether a dispute goes to court or arbitration turns on the contract.
Ayala Law PA focuses on five areas: commercial and contract disputes, shareholder and partnership disputes, construction litigation, real estate litigation and international trade litigation.
If an unpaid invoice, a partner pulling back or a lien notice is putting your company at risk, call (305) 570-2208 or reach out to our team to start reviewing your options. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Commercial and Contract Disputes
A commercial or contract dispute starts when one side says a business deal was broken, unpaid or misrepresented. Common examples include:
- Nonpayment for goods or services
- Missed deliverables or deadlines
- Terminated agreements and disputed contract terms
- Fraud or misrepresentation about a sale or financial statements
Deadlines matter. Section 95.11 provides that actions other than for recovery of real property must be commenced within the time periods it sets, such as twenty years for an action on a judgment or decree of a court of record in this state, and it lists among them an action founded on the design, planning, or construction of an improvement to real property. It excepts actions to enforce a claim against a payment bond and actions for a deficiency judgment from the five-year period for an action on a written contract, obligation, or liability. Those actions are governed by other provisions, including other paragraphs of the same section. Waiting can cost you the claim, so note the key dates early.
In Williams v. Johnson, the court stated that, “given the existence of an express contract covering the same subject matter, ‘claims arising out of that contractual relationship will not support a claim for unjust enrichment.’”
Early steps often include a demand letter and negotiation. Gather signed contracts, amendments, invoices, purchase orders, payment records and relevant emails or texts before the first conversation.
Shareholder and Partnership Disputes
Shareholder and partnership disputes are conflicts between co-owners over control, money or how an owner exits. Typical issues include:
- Management decisions and who controls them
- Distributions and profit splits
- Buyouts, deadlock and exit terms
- Disagreements over operating, partnership or shareholder agreements
Records often start the process. A Florida shareholder may inspect and copy certain corporate records after written notice at least 5 business days ahead, under § 607.1602. The demand must be made in good faith and for a proper purpose.
For an LLC, § 605.0410 requires a current list of members and managers, a copy of the operating agreement, and tax returns and financial statements for the three most recent years. The company keeps these at its principal office or another location.
Start with the governing documents. They show who decides, how a buyout works and how a member leaves.
Construction Litigation and Lien Foreclosure
Construction litigation covers payment and contract fights between owners, contractors and subcontractors on a job. The firm handles:
- Contractor and subcontractor payment disputes
- Change orders, scope of work and delay claims
- Construction lien foreclosure for unpaid work or materials on Hillsborough County projects
- Construction contract fraud claims
Lien rights turn on the contract chain, the notices sent and the timing. Keep every notice, change order and payment application in order. Gaps in the paper trail can make a claim harder to prove.
Real Estate and International Trade Disputes
Real estate and international trade disputes arise when a property deal or a cross-border sale goes wrong. Real estate matters include commercial property disputes, purchase and sale disagreements, and contract issues tied to property transactions. Trade matters include cross-border sales, supply agreements and payment disagreements.
Out-of-state and foreign parties can still face Florida courts. Under § 48.193, a claim arising from operating a business in Florida, or from breaching a contract that requires performance in Florida, can bring a person under Florida’s courts.
Buyers of goods face a notice rule. Under § 672.607, a buyer who accepts goods must notify the seller of a breach within a reasonable time after he or she discovers or should have discovered the breach, or be barred from any remedy. Raise problems quickly.
How a Business Litigation Matter Moves Forward
A business dispute usually moves from evaluation to document review, early resolution and, if needed, a court or arbitration filing.
- Case evaluation. We review the dispute, the documents and your business goals.
- Document review. The firm gives you a written view of the claims and defenses and the options in front of you.
- Early resolution. Demand letters, negotiation or mediation come first in many matters. Under § 44.102, a court must refer a filed damages case to mediation on one party’s request, if the requesting party can pay or the costs can be divided. Some case types, such as debt collection, are excluded.
- Filing. A written agreement to arbitrate is generally enforceable under § 682.02. The American Arbitration Association describes arbitration as generally binding for commercial disputes.
- Settlement offers. Under § 45.061, a written offer stays open 45 days unless withdrawn or accepted, but the section does not apply to causes of action that accrue after its effective date. 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.” Where the section applies (it does not reach causes of action that accrue after its effective date), a judgment at least 25 percent greater than a defendant’s rejected offer, or at least 25 percent less than a plaintiff’s rejected offer, creates a presumption of unreasonable rejection.
Timelines vary by forum, claim complexity and the other side’s response, so each schedule is set case by case.
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.
Why Work With Ayala Law PA on a Business Dispute
Ayala Law PA focuses on business litigation. Eduardo A. Maura is the responsible lawyer for this practice page.
- Business focus: commercial, contract, shareholder, construction, real estate and international trade matters.
- Office location: 1646 W Snow Ave in Tampa. The firm represents businesses in Hillsborough County and the Tampa Bay area.
- Plain communication: options, timelines and next steps explained in clear terms.
- Organized support: our support staff keeps documents, deadlines and case communication in order.
Frequently Asked Questions About Business Litigation in Hillsborough County
Do you handle cases in Hillsborough County courts?
Yes. The firm handles business litigation in Florida courts and arbitration for Hillsborough County businesses.
Do I need to sue right away?
Not always. Demand letters and negotiation often come first, and timing turns on the contract.
Can I sue a business partner or co-owner?
Those claims turn on the governing agreements and Florida law, so those documents come first.
What should I avoid while a dispute is pending?
Keep records intact, don’t delete messages, and talk with counsel before sending formal notices or ending a contract.
How much does a case evaluation cost?
Fees are explained in writing before any engagement.
Talk to Ayala Law PA About Your Business Dispute
If a customer has not paid, a partner has pulled back, or a lien notice has reached a job, the next steps matter. Gather your key contracts, invoices, notices and correspondence first. Then request a case evaluation or call (305) 570-2208 to begin reviewing your documents and options.
