Construction Disputes Need Clear Answers and Prompt Action

Construction Litigation Tampa for Businesses

Commercial Litigation in Tampa: Business Disputes in Florida

Construction litigation in Tampa is one kind of commercial litigation: a lawsuit or arbitration between companies, owners, or partners over a contract, a company’s governance, a construction project, real estate, or international trade. If your Tampa-area company is in one of these disputes, the first steps matter. This page explains the most common types of dispute, the Florida rules that set deadlines, and what to gather before you call us. Eduardo A. Maura is the lawyer responsible for this page at Ayala Law PA. The firm’s only office is at 1646 W Snow Ave, Tampa. The firm serves businesses in Tampa, Hillsborough County, Brandon, Riverview, Plant City, and Temple Terrace.

What Commercial Litigation Covers in Tampa

Commercial litigation is the court or arbitration process businesses use when they cannot resolve a dispute on their own.

Ayala Law PA focuses on business litigation, commercial litigation, contract disputes, shareholder disputes, construction litigation, real estate litigation, and international trade litigation. Matters can be handled in Florida courts. They can also be handled in arbitration when the parties’ contract requires it.

Companies in Hillsborough County often face the same problems. A customer does not pay. A partner wants out. A subcontractor is not paid. A shipment does not arrive as agreed. Each problem has its own documents and deadlines. Start by identifying the type of dispute. The rules that apply follow from that. The sections below cover each type.

Contract Breach Disputes Between Tampa Businesses

Contract disputes in Florida often turn on the exact wording of the agreement and the facts around it.

Common breaches include non-payment, missed delivery or performance dates, work outside the agreed scope, and disagreements about ending the agreement. Reviewing the contract terms and what actually happened is a common first step in evaluating a dispute.

Deadlines matter. Fla. Stat. § 95.11 sets time limits for actions other than those to recover real property. The period depends on the type of claim. Waiting too long can bar a claim that could otherwise be brought.

Review the attorney fee language in your contract. An attorney fee clause can shift costs. Under Florida law, a contract may include a provision that allows attorney’s fees to a party that must take action to enforce the contract. If it does, the court may also allow reasonable attorney’s fees to the other party when that party prevails in any action, as plaintiff or defendant, related to the contract. This applies to contracts entered into on or after October 1, 1988. See Fla. Stat. § 57.105(7).

Gather signed agreements and amendments, invoices, payment records, and written messages about performance. A clear timeline helps more than a long story.

Governance Disputes Among Partners, Shareholders, and LLC Members

Most disputes between co-owners depend on the governing documents, so review those first. These include the operating agreement, bylaws, shareholders’ agreement, or partnership agreement.

Common conflicts include deadlock in decision-making, disagreements over distributions, access to bank accounts and records, and the terms for buying out an interest.

Shareholders have inspection rights. How those rights apply depends on the company’s documents and applicable law. Review which records you want and why before making a request.

LLC members can also face disputes over company records. The governing documents and your company’s facts determine the options available.

While a dispute is pending, keep company records intact. Avoid changing bank access, ownership records, or management without a written agreement or a court order.

Arbitration clauses change where a dispute is resolved. Under Fla. Stat. § 682.02, a written agreement to arbitrate is generally valid, enforceable, and irrevocable. The exception is a ground that exists at law or in equity for revoking a contract. The court decides whether such an agreement exists.

Construction Litigation Tampa and Real Estate Disputes in Hillsborough County

For latent defects, the time runs from when the defect is discovered, or when it should have been discovered with due diligence. The time runs from the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or from the date of abandonment of construction if the work is 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 seven years after that same earliest date. In any event, the action must be commenced within 7 years after 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 if construction was not completed, whichever is earliest.

Lien matters can turn on procedural details. Compare every notice date with the project file.

Construction contract fraud can involve a promise about future work.

Real estate sale and commercial lease disputes usually turn on the written terms of the deal. The right path depends on the facts of each project, contract, and lien record.

International Trade and Arbitration Matters for Tampa Bay Businesses

Commercial disputes often depend on the contract. The arbitration clause often decides where the case is resolved.

Arbitration is a private process. An arbitrator, not a judge, decides the dispute.

Gather purchase orders, shipping and customs records, invoices, payment records, any letters of credit, and the complete contract with all its terms.

How to Start a Commercial Litigation Matter with Ayala Law PA

The most useful first step is a clear timeline and a folder of documents. Bring these items to your first conversation:

• A timeline of key facts, with dates
• The contract, its amendments, and any side agreements
• The name and contact details of the other party
• Any demand letter, notice, or lien notice you have received
• Payment, delivery, or performance records

Frequently Asked Questions