Commercial litigation is a legal fight between businesses, or between a business and its owners, partners, customers, vendors or contractors. It can be resolved in a Florida court or in arbitration. This page explains how Ayala Law PA, a commercial litigation law firm serving Tampa Bay businesses from its Tampa office, approaches these disputes.
What Is Commercial Litigation for a Tampa Bay Business?
Commercial litigation is a lawsuit or arbitration over a business deal, a business relationship or control of a company. Owners often reach this point after a customer stops paying under a signed contract, a partner blocks company decisions, or a contractor files a lien on a job.
Where a case is filed matters. 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. That rule does not apply to actions against nonresidents, so the facts of each case count.
If a customer has stopped paying under a signed contract, or a lien deadline is nearing on a Tampa job site, our team can review your documents 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.
Which Business Disputes Ayala Law PA Handles
Ayala Law PA focuses on business litigation, including contract, shareholder, partnership, construction, real estate and international trade disputes. Each area is handled in Florida courts and arbitration.
- Contract disputes, including breach of contract claims over payment, performance and termination.
- Shareholder and partnership disputes, including conflicts over ownership, management decisions and buyouts.
- Construction litigation, including contractor and subcontractor payment disputes, lien foreclosure and construction contract fraud.
- Real estate litigation and international trade disputes.
Each area follows its own rules. The member can also sue over a violation of a separate duty owed to that member, under Fla. Stat. § 605.0801.
How a Commercial Dispute Usually Moves Forward
A commercial dispute usually moves from a first conversation to document review, then to a plan for negotiation, mediation, arbitration or court. Here is the typical sequence.
- Intake. You describe the agreement, the parties, the key dates and the problem.
- Document review. The attorney reads contracts, invoices, emails, notices and corporate records to find deadlines and the strongest claims or defenses.
- Options. You receive a written explanation of the paths open to you, based on the dispute clause in your contract. Florida law makes written arbitration agreements valid and enforceable under Fla. Stat. § 682.02. Under section 2 of the federal arbitration statute, a written provision in a contract evidencing a transaction involving commerce to settle by arbitration a controversy arising out of that contract is valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.
- Filing or response. The case moves into pleadings, discovery and motions under the Florida Rules of Civil Procedure.
- Mediation. On request, a Florida court must refer most civil damages cases to mediation, subject to listed exceptions, under Fla. Stat. § 44.102.
The path depends on the facts, the contract and the forum the law allows.
Deadlines and Timing You Should Know About
Florida sets a deadline for each type of claim, and the clock starts when the claim accrues. A cause of action accrues when its last element occurs, under Fla. Stat. § 95.031.
For construction claims, the period under Fla. Stat. § 95.11(3)(b) runs from the earliest of a temporary certificate of occupancy, a certificate of occupancy, a certificate of completion, or abandonment of unfinished work. The action must also be commenced within seven years of that date. For latent defects, the time runs from discovery.
A contract clause that sets a shorter filing period than the statute allows is void, under Fla. Stat. § 95.03. Timing also varies with the forum, the number of parties and the complexity of the claims. Keep contracts, change orders, texts, emails and bank records from the first conversation.
Serving Tampa, Hillsborough County and the Tampa Bay Area
Hillsborough County business cases proceed in Florida’s state courts. Federal commercial cases from the area are filed in the Middle District of Florida’s Tampa Division, which follows the Middle District of Florida local rules. Tampa Bay matters are handled in Florida courts and arbitration, and clients are served from the firm’s only office, in Tampa, which they can reach by phone.
Why Work With Ayala Law PA
Eduardo A. Maura is the attorney responsible for this page and for the firm’s business litigation work. Our team, including support staff, helps organize documents, track deadlines and keep client communication moving.
Florida also uses written offers of settlement. Under section 768.79, Florida Statutes, and Florida Rule of Civil Procedure 1.442, a defendant who rejects a plaintiff’s proposal for settlement in an action for damages may be liable for the plaintiff’s attorney’s fees if the judgment is at least 25 percent greater than the offer. The same statute and rule apply in reverse: a plaintiff who rejects a defendant’s proposal for settlement in an action for damages may be liable for the defendant’s attorney’s fees if the judgment is at least 25 percent less than the offer.
No attorney can promise how a dispute will end. Each matter is assessed on its own documents and facts.
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.
Frequently Asked Questions
Can my business sue over an oral agreement?
Some oral agreements can be enforced, but proof is the central issue. Under Fla. Stat. § 672.201, a sale of goods priced at $500 or more is not enforceable without a signed record, except in listed situations.
Does a court or arbitration handle my dispute?
The dispute clause in your contract usually controls. Florida and federal law generally enforce written agreements to arbitrate.
What should I bring to a first conversation?
Bring contracts and amendments, invoices, emails and notices, corporate records and a written timeline of events.
Does a commercial litigation law firm handle matters outside Tampa?
Ayala Law PA considers matters across the Tampa Bay area and in Florida courts and arbitration. As described in the service-area section above, Tampa and Hillsborough County businesses work with the firm through its only office, in Tampa.
What are the fees?
Fee arrangements, including every cost you may owe, are explained in writing before any engagement.
Talk to Eduardo A. Maura About Your Tampa Bay Business Dispute
If a customer has stopped paying under a signed contract, or a lien deadline is closing in on a Tampa job site, time matters. Call (305) 570-2208 or request a case evaluation so the attorney can review your documents and dates.
