Business litigation is a lawsuit or arbitration over a company’s contracts, ownership, or business relationships. Ayala Law PA focuses on these disputes for businesses in Tampa Bay and Hillsborough County, in Florida courts and arbitration. Our bona fide office is in Tampa, at 1646 W Snow Ave. Eduardo A. Maura is the responsible lawyer for this page.
What Business Litigation Covers for Tampa Bay Companies
Business litigation covers disputes a company cannot settle across the table. The dispute may go to a court or to an arbitrator.
Owners, partners, shareholders, contractors, subcontractors, and real estate investors often face these disputes. We serve businesses in Tampa, Brandon, Riverview, Plant City, Temple Terrace, and across Hillsborough County.
Florida law also limits where a case can be filed. Under Fla. Stat. § 47.011, actions must 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 does not apply to actions against nonresidents.
Arbitration is another route. Under Fla. Stat. § 682.02, a written agreement to arbitrate existing or future disputes is valid and enforceable, except on grounds that allow any contract to be revoked.
Disputes often start long before a lawsuit. A late invoice or a fight between partners can often be addressed early, when more options may still be open.
If you’re not sure whether your problem is a litigation matter, reach out and talk it through with our team.
If an unpaid invoice, a lien, or a partner dispute has your company stalled, reach out to our team to book a case evaluation. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Matter Types We Handle
We handle commercial, contract, shareholder, partnership, construction, real estate, and international trade disputes. Each one has its own rules, so here is what matters in each.
- Contract disputes. Breach, termination, and interpretation of written and oral agreements. An oral contract still needs offer, acceptance, consideration, and sufficiently specified essential terms, under St. Joe Corp. v. McIver. A contract clause that shortens the time to sue is void under Fla. Stat. § 95.03.
- Commercial disputes. Unpaid invoices and disagreements between companies. When an express contract covers the same subject, claims arising from it will not support an unjust enrichment claim, under Williams v. Johnson. A tort claim over a contract dispute generally fails unless the tort is independent of the breach, as Frutafino v. Dole Chile explains.
- Shareholder and partnership disputes. Ownership fights, governance conflicts, and buyout disputes. An LLC member may bring a derivative action after a demand goes unanswered within a reasonable time, not to exceed 90 days, or where a demand would be futile, or where irreparable injury would result to the company by waiting for the other members or the managers to take action.
- Construction litigation. Contractor and subcontractor payment disputes, construction contract fraud, and lien foreclosure.
- Real estate litigation. Commercial property disputes and claims from transactions. A contract can be rescinded for mutual mistake only if the mistake is mutual and concerns a fact of the essence of the contract, per Waterside at Boynton Homeowners’ Ass’n.
- International trade litigation. Cross-border commercial disputes.
How the Process Works, Step by Step
The process moves from facts and documents to evaluation, pre-suit steps, filing, and resolution. Early contact helps you check deadlines before they pass.
- First contact. You share the basic facts, key dates, and any deadlines you know about.
- Case evaluation. We review your documents and explain the forum options, including court or arbitration.
- Engagement. If you decide to move forward, the terms of the work are set before it begins.
- Pre-suit steps. Demand letters and notices come first when the claim requires them. Then the case is filed in the proper court or arbitration forum.
- Discovery and motions. Documents, depositions, and motions narrow the dispute.
- Resolution. Negotiation, mediation, arbitration, or trial, depending on the forum.
On one party’s request, Florida courts must refer many filed money-damages cases to mediation if the costs can be paid or divided, under Fla. Stat. § 44.102. Cases filed to collect a debt and cases the parties have agreed to send to binding arbitration are among the exceptions.
Timelines vary by case type and forum. We explain the stages you can expect during the evaluation.
Why Work With Ayala Law PA
As a business litigation law firm, Ayala Law PA focuses on business, commercial, contract, shareholder, construction, real estate, and international trade litigation in Florida.
- Responsible lawyer: Eduardo A. Maura is the responsible lawyer for this page.
- Office: Our bona fide office is in Tampa, at 1646 W Snow Ave. We serve Tampa Bay and Hillsborough County businesses from that office.
- Support: Our support staff help with intake, document collection, and scheduling.
We built this page around the rules that often shape early decisions: deadlines, the right forum, and fee-shifting clauses. Our team starts with your documents, then explains your options in plain language.
Questions Business Owners Ask Before Calling
Demand letters and early negotiation often come before any lawsuit.
Do I need to file a lawsuit to start?
Not always. Some claims require a demand first, such as an LLC member’s derivative claim under Fla. Stat. § 605.0802: the other members or managers must be given a reasonable time, not to exceed 90 days, to act, unless a demand would be futile or waiting would cause irreparable injury to the company.
Should I go to court or arbitration?
That depends on the facts and the contract language. A court decides whether an arbitration agreement exists, under Fla. Stat. § 682.02.
Do you serve businesses outside Miami?
Yes. As a business litigation law firm, we handle matters for businesses in Tampa Bay and Hillsborough County; our office is in Tampa, at 1646 W Snow Ave.
Will I be charged for an initial conversation?
Ayala Law PA charges fees for its work. Fees and costs you may owe are explained at the outset, before work begins.
Can I be ordered to pay the other side’s fees?
Possibly.
What if the other side already sued me?
Early contact gives you more room to respond before key dates pass. Don’t wait for a court date to act.
How long does a business dispute take?
Timing turns on the forum, the claims, and how the other side responds.
Documents to Gather Before You Call
Gather the contract, the notices, and the payment history before you reach out.
- Written contracts, purchase orders, change orders, and amendments.
- Operating, shareholder, or partnership agreements, plus meeting minutes for ownership disputes.
- Invoices, payment records, lien notices, and job correspondence for construction matters.
- Deeds, leases, and closing papers for real estate disputes.
- Emails, letters, notes from meetings, and any demand or termination notices exchanged with the other side.
- For goods you accepted, a record of when you told the seller about a breach. Under Fla. Stat. § 672.607, a buyer who has accepted goods must notify the seller of a breach within a reasonable time after discovering it, or after the buyer should have discovered it, or be barred from any remedy.
- A short written timeline of key events and upcoming deadlines.
Keep originals, and don’t delete messages, even ones that seem unimportant.
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 With Our Team About Your Dispute
If an unpaid contractor, a lien on a project, or a partner blocking access to company accounts has stalled your business, you don’t have to sort it out alone. During the evaluation, we review your documents, deadlines, and forum options with you. Call (305) 570-2208 or book a case evaluation this week, and have your contracts and key dates ready.
