Yes. In most cases, a business that breaks a valid contract can be sued in Florida, either in court or in arbitration if the contract requires arbitration. The written agreement sets out what each side promised, and it often decides how the dispute is handled. Ayala Law PA focuses on business litigation, including commercial and contract disputes, for businesses in Tampa, Hillsborough County and the wider Tampa Bay area.
Can You Sue a Business for Breaking a Contract in Florida?
Yes, a business can generally be sued for breaking a valid contract in Florida. The legal claim is called breach of contract. Many contract disputes begin when one side does not do what the agreement required.
Contracts can be written, spoken or implied from how the parties acted. A signed written agreement is the easiest to prove. Emails, invoices, bids, change orders and payment records often show what was promised. This page covers business-to-business disputes, including joint ventures, commercial contracts, construction work and commercial real estate.
If your business signed an agreement and the other side has stopped holding up its end, you may have a claim, and our team can talk it through with you. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
What the Contract Says Controls the Dispute
The contract is the first document to review, because its exact words decide what counts as a breach. Read it before you send any demand or take any action.
Key terms to check:
- Performance terms: what each side promised to do, and by when.
- Payment or profit terms: how money or profits are split and paid.
- Termination terms: how and when a party can leave the deal.
- Notice-and-cure clauses: these often require written notice and a set time to fix the problem before suit.
- Dispute clauses: these may require mediation first, arbitration, or a specific place to file.
Arbitration clauses carry real weight. Florida law says a written agreement to arbitrate existing or future disputes is valid and enforceable, except on grounds that allow a contract to be revoked (Fla. Stat. § 682.02). A court also cannot refuse to order arbitration just because the claim lacks merit (Fla. Stat. § 682.03).
Mediation can be required too.
When a contract is silent, Florida contract and partnership rules may fill the gaps. Which rule fits depends on the facts.
Florida Deadlines: How Long You Have to Sue
Waiting is one of the most common ways a strong claim is lost. Write down the breach date when it happens, and put the deadline on your calendar.
Some events pause the clock. Florida lists them in § 95.051. Among the circumstances that toll the running of a statute of limitations under Fla. Stat. § 95.051 are the pendency of any arbitral proceeding pertaining to a dispute that is the subject of the action, and the payment of any part of the principal or interest of any obligation or liability founded on a written instrument. Talks, extensions and “one last chance” promises are not on that list. Any change in timing should be put in writing and reviewed before you rely on it.
Damages and Remedies for Breach of Contract
A breach claim can bring money damages and, in some cases, a court order. The amount depends on the contract, the losses and the proof.
- Money for the loss: a common way to describe the financial harm a breach may cause, such as unpaid invoices, extra costs to finish the work, or a higher price paid to a replacement contractor.
- A court order to perform: a judge can order a party to do what the contract requires. This is called specific performance.
- Attorney’s fees: the contract may allow the winning side to recover its fees.
Attorney’s fees work differently from most other losses. Under Florida law, each party generally pays its own attorney’s fees unless a contract or statute provides otherwise (Price v. Tyler, Florida Supreme Court). If the contract has a provision allowing attorney’s fees to a party required to take any action to enforce the contract, a court may also allow reasonable fees to the other party when that party prevails (Fla. Stat. § 57.105), but only for contracts entered into on or after October 1, 1988.
Collection matters too. A judgment is only useful if the other side can pay it. The Florida Department of State judgment guide explains how judgment creditors can file liens and collect from a business.
Joint Venture Disputes: Profit Splits, Control and Dissolution
A joint venture dispute usually turns on what the venture agreement says about profits, control and how the venture ends. Those written terms come first.
Common triggers include:
- Disagreement over how profits or distributions are split.
- One co-venturer making decisions or handling money without the others’ agreement.
- A dispute over whether to end the venture and how its assets are divided.
Records are often the first step. A co-venturer may need the books to check profits, expenses and capital contributions. Florida’s partnership statute says a partnership must give partners access to its books and records, and it may impose a reasonable charge covering the costs of labor and material for copies. That statute applies to partnerships, so the venture’s legal form matters.
When a partnership winds up, each partner is entitled to a settlement of the partnership accounts. Gains and losses from selling assets are credited and charged to each partner’s account (Fla. Stat. § 620.8807). The partnership agreement governs first, and the statute applies only to the extent the agreement does not provide otherwise (Fla. Stat. § 620.8103).
The firm’s business litigation work also covers construction disputes between contractors and subcontractors, lien foreclosure, and commercial real estate lease disputes.
How a Breach of Contract Matter Typically Proceeds
Most matters move from document review to written notice, then to negotiation or mediation, and then to a filing in court or arbitration. Here is the usual order.
- Document review. The contract, amendments, invoices, emails and payment records are gathered and checked.
- Written notice. A demand letter may satisfy a notice-and-cure clause and lists what must be fixed.
- Negotiation or mediation. Many contracts require this step first, and courts may refer cases to mediation.
- Filing. The case goes to circuit court, or arbitration begins, depending on the dispute clause. Florida generally requires suit in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located (Fla. Stat. § 47.011). That rule does not apply to actions against nonresidents.
- Discovery. Each side exchanges documents and information and may take testimony.
- Motions, hearing or resolution. The case may end by settlement, a judgment or an arbitration award.
Timing varies with court schedules, the number of issues, and whether arbitration applies. No fixed timeline can be promised.
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 Ayala Law PA for Business Contract Disputes
Ayala Law PA focuses on business litigation, including contract disputes, and handles matters in Florida courts and arbitration. The firm’s practice areas are listed below.
- Practice areas: commercial litigation, contract disputes, shareholder and partnership disputes, construction litigation, real estate litigation and international trade litigation.
- Areas served: Tampa, Hillsborough County, Brandon, Riverview, Plant City, Temple Terrace and the wider Tampa Bay area.
- Responsible lawyer for this page: Eduardo A. Maura.
- Office: 1646 W Snow Ave, Tampa, Florida. This is the firm’s only office. Matters for businesses in the Tampa Bay area are handled by the firm, whose only office is in Tampa.
- Support: support staff help with document organization and case administration.
No outcome can be promised. Each contract and dispute turns on its own documents and facts, so the first review matters most.
Frequently Asked Questions About Suing for Breach of Contract
Can I sue if the contract was verbal?
Yes, an oral contract can be enforceable in Florida.
Is it worth suing a contractor?
That depends on the facts. The size of the loss, the contract terms and whether the contractor can pay a judgment all matter.
Do I have to mediate before suing?
Many agreements include notice, cure or mediation steps first.
Can a business sue a partner who stopped sharing profit records?
Florida partnership law gives partners access to the partnership’s books and records. The venture agreement may add its own rules.
What if my business is the one being sued?
Responses are time-sensitive, so act quickly. The firm’s contract dispute work covers defending claims as well as bringing them.
If your business signed a contract and the other side stopped paying, stopped performing or ignored a notice to fix the problem, you may have a claim worth reviewing. Call Ayala Law PA at (305) 570-2208 or book a case evaluation. Fee terms are discussed directly with the firm.
