Business Litigation for Brandon and Hillsborough County Companies

Ayala Law PA represents businesses and entrepreneurs in commercial and contract disputes, shareholder and partnership disputes, construction litigation, real estate litigation and international trade litigation. The firm handles these matters in Florida courts and in arbitration. Companies in Brandon, Hillsborough County and the wider Tampa Bay area can contact the firm about a dispute. The firm’s only office is at 1646 W Snow Ave in Tampa, Florida.

What business litigation covers for Brandon companies

Business litigation resolves a dispute between companies, owners, partners, contractors or other business parties through a court or arbitration. It usually comes into play when direct talks stop working.

Many disputes start with a demand letter or a settlement conversation. When those steps fail, a lawsuit or an arbitration demand may be the next practical move. The right path depends on the facts.

Where a case is filed matters, too. Under Florida’s venue rule, a lawsuit generally must be filed in the county where the defendant resides, where the claim arose, or where the disputed property sits, but this rule does not apply to actions against nonresidents (§ 47.011). For many Brandon businesses, that may point to Hillsborough County.

This page covers the business matters the firm handles. It does not cover every legal question a business may face.

Dispute types the firm handles

The firm focuses on the dispute types below. Each one has its own rules and its own paperwork.

• Contract disputes. These include nonpayment, vendor disagreements, and fights over performance or termination. Florida courts consider both procedural unconscionability, meaning an unfair process, and substantive unconscionability, meaning unfair terms, when a party asks a court not to enforce a contract term (Basulto v. Hialeah Automotive).
• Shareholder and partnership disputes. These include co-owner deadlocks, governance fights and disagreements over buyouts or exits. A shareholder agreement that complies with s. 607.0732 may include a deadlock sale provision under § 607.1430. A corporation’s dissolution grounds include certain shareholder deadlocks (§ 607.1430). A member may sue another member, a manager or the company directly, but must plead and prove a qualifying injury (§ 605.0801).
• Construction litigation. These include contractor and subcontractor payment disputes and construction contract fraud claims. Under § 95.11, an action founded on the design, planning, or construction of an improvement to real property must be commenced within four years, with the time running from 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 not completed, whichever date is earliest. If the action involves a latent defect, the time 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 7 years after that earliest date, although counterclaims, cross-claims and third-party claims arising out of the conduct, transaction or occurrence in a pleading may be brought up to 1 year after that pleading is served, even if they would otherwise be time barred. That period starts on 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 construction is abandoned if not completed. When the action involves a latent defect, the period instead runs from when the defect is discovered or should have been discovered with the exercise of due diligence. In any event, the action has to be filed within 7 years after that earliest date. Fla. Stat. § 95.11 reads: “(b) An action founded on the design, planning, or construction of an improvement to real property, with the time running from 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 not completed, whichever date is earliest; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence.”
• Latent defects and bonds. For a latent defect, the clock starts when the defect is or should have been discovered. Fla. Stat. § 95.11 reads: “(b) An action founded on the design, planning, or construction of an improvement to real property, with the time running from 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 not completed, whichever date is earliest; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence.” Suit must still come within seven years of the earliest date.
• Real estate litigation. These include disputes tied to commercial property deals, contract performance and property-related business claims.
• International trade litigation. These include cross-border commercial disputes handled in Florida courts and arbitration.

How a business dispute moves forward

A business dispute usually moves through six steps, from first contact to resolution. Each step builds on the one before it.

• Step 1: First contact. Start with a conversation. Describe the parties, key dates and what went wrong.
• Step 2: Document review. Gather contracts, change orders, invoices, lien notices, correspondence, operating agreements and payment records.
• Step 3: Case assessment. The firm reviews the claims, possible defenses, the forum (court or arbitration) and the main cost drivers.
• Step 4: Pre-suit steps. These may include demand letters, negotiation, mediation and preserving evidence.
• Step 5: Filing and litigation. A complaint or arbitration demand starts the case, followed by discovery, motions and case management.
• Step 6: Resolution. The matter ends in a settlement, a judgment or an arbitration award. Enforcement steps follow when needed.

If your contract requires arbitration, Florida law generally enforces that promise. An arbitration agreement in a written record is valid and enforceable, except on grounds that exist for revoking any contract (§ 682.02). A court may not refuse to order arbitration just because the claim lacks merit (§ 682.03). The American Arbitration Association describes arbitration as a way to resolve commercial disputes outside court, and notes that arbitration is binding.

On one party’s request, a court must refer a filed civil action for money damages to mediation. That applies if the cost can be paid or fairly divided, and listed exceptions do not apply (§ 44.102).

Under § 45.061(1), a written offer of settlement remains open for 45 days unless withdrawn sooner by a writing served before acceptance, and an offer that is neither withdrawn nor accepted within 45 days is deemed rejected. Under § 45.061(6), the section does not apply to causes of action that accrue after the act’s effective date.

Each stage’s length turns on court and arbitration calendars, the other side’s cooperation and how complex the claims are.

Why work with Ayala Law PA

Ayala Law PA focuses on business disputes, and Eduardo A. Maura is the responsible lawyer for this page.

• Practice focus. Business, commercial, contract, shareholder, construction, real estate and international trade litigation.
• Forums. Florida courts and arbitration proceedings.
• Support. Support staff handle intake, document organization and scheduling, so your paperwork stays in one place.
• Office. The firm’s office is at 1646 W Snow Ave in Tampa, Florida. Businesses in Brandon, Hillsborough County and Tampa Bay can contact the firm, whose only office is in Tampa.
• Plain language. The firm explains options, deadlines and cost drivers in terms a business owner can use to decide.
• Document first. The firm reviews contracts, lien filings and payment records before it recommends a strategy.

Every matter turns on its own contracts and records, so the early review matters.

Common questions before you call

Not always. Demand letters and negotiation often come first, and filing is one option among several.

Next steps: get your dispute reviewed

To get your dispute reviewed, bring the paperwork that shows what was agreed and what was paid.

• Signed contracts, amendments and change orders
• Invoices, payment records and bank statements
• Emails and letters exchanged with the other side
• Lien notices, bonds or permits
• Operating or shareholder agreements, if a company or partnership is involved

If an unpaid invoice, a stalled job or a co-owner who has stopped cooperating is holding back your Brandon business, call (305) 570-2208 or use the contact page to request a case evaluation with Ayala Law PA.