A breach of contract happens when one party fails to do what a valid agreement requires. For a Tampa or Hillsborough County business, the next question is usually how to enforce the deal or defend against the claim. Ayala Law PA focuses its practice on business litigation, including contract disputes, in Florida courts and arbitration. This page explains what a breach is, what kind of lawyer handles these cases, how matters proceed and which Florida rules set timing. Eduardo A. Maura is the lawyer responsible for this page. The firm’s only office is at 1646 W Snow Ave, Tampa, Florida.
What a Business Breach of Contract Case Is
A breach of contract happens when a party fails to do what the contract requires. Common examples include a customer who won’t pay an invoice, a vendor who delivers late or delivers defective goods, and a contractor who leaves the job unfinished.
How far a failure affects the deal can be a central question in a dispute. Whether a breach is material or minor depends on the facts of each dispute. Some breaches are minor, and the facts of each dispute shape how they are treated.
Sometimes a party says in advance that it won’t perform. Lawyers call this anticipatory breach. A written statement like that should be saved and reviewed quickly, because how you respond can shape your options.
This page is for businesses owed money or performance and for businesses defending a claim. That includes contractors and subcontractors facing non-payment, and owners who receive a demand letter.
If a counterparty has stopped paying or performing under your contract, reach out to Ayala Law PA at (305) 570-2208 to talk through your options. 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 Type of Lawyer You Need to Sue a Company for Breach of Contract
You need a business litigation lawyer who handles commercial contract disputes. Breach cases call for someone who works with contracts, payment records and deadlines in both court and arbitration.
Breach cases turn on documents. Expect the review to cover signed agreements, invoices, emails, change orders and how the parties actually worked together over time. Organized records make a case easier to evaluate.
Where the case is filed also matters. Under Florida law, a court action 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 rule does not apply to actions against nonresidents (Fla. Stat. § 47.011).
Dispute clauses matter too. Florida treats a written agreement to arbitrate as valid and enforceable, except on grounds that exist to revoke any contract (Fla. Stat. § 682.02). Under Fla. Stat. § 682.02, the court decides whether an agreement to arbitrate exists or whether a controversy is subject to an agreement to arbitrate, and an arbitrator decides whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.
What the Firm Handles: Contract and Commercial Disputes
Ayala Law PA handles contract and commercial disputes between businesses. The practice covers these matter types:
- Contract disputes: breach claims, non-payment, and disagreements over service, supply and performance terms.
- Construction litigation: contractor and subcontractor payment claims, construction contract disputes and lien foreclosure.
- Shareholder and partnership disputes: including disagreements over business purchase agreements.
- Real estate litigation: disputes tied to commercial real estate contracts.
- International trade litigation: cross-border contract disputes for Florida businesses.
Money damages are the usual remedy in a contract dispute. Other relief can apply in some cases. Which remedies fit turns on the contract and the evidence.
Sales of goods follow extra rules. A buyer who accepted goods must notify the seller of a breach within a reasonable time after he or she discovers or should have discovered it, or be barred from any remedy (Fla. Stat. § 672.607).
How a Breach of Contract Matter Proceeds: Steps and Timeline
A breach matter usually moves from case review to a written demand, then to negotiation or mediation, and then to a court filing or arbitration. Here is the typical path.
- Case evaluation. The lawyer reviews the contract, payment records, notices and correspondence. This step identifies the breach and the deadlines that apply.
- Demand and negotiation. A written demand letter states the claim and what you want. Settlement talks can resolve a matter before any filing.
- Mediation. On one party’s request, a court must refer a filed suit for money damages to mediation. This applies if the requesting party can pay the costs or the costs can be divided fairly (Fla. Stat. § 44.102). Fla. Stat. § 44.102 reads: “(2) A court, under rules adopted by the Supreme Court: (a) Must, upon request of one party, refer to mediation any filed civil action for monetary damages, provided the requesting party is willing and able to pay the costs of the mediation or the costs can be equitably divided between the parties, unless: 1.” The rule has exceptions. A suit filed to collect a debt is one, so an unpaid-invoice case may follow a different route.
- Filing or arbitration. A complaint goes to the proper Florida court, or a demand for arbitration starts the process if the contract requires it. A court may not refuse to order arbitration just because the claim lacks merit (Fla. Stat. § 682.03).
- Discovery, motions and resolution. Each side exchanges information, files motions and works toward settlement or a decision. Timelines vary by court, arbitration rules and how the other side responds. Florida’s arbitration statute, Fla. Stat. § 682.03, sets out how a court handles a motion to compel arbitration when a party refuses to arbitrate.
Start organizing records on day one. Keep signed agreements, invoices, proof of delivery, change orders and written messages together.
How Long Do You Have to Sue on a Contract in Florida?
Florida sets filing deadlines for lawsuits by statute, so timing should be reviewed early. A claim generally begins to run when its last required element occurs (Fla. Stat. § 95.031).
A contract term that sets a shorter time to sue than the statute allows is void (Fla. Stat. § 95.03). Reading a clause that shortens the deadline does not shorten your rights.
Timing depends on the facts, so have your agreement reviewed early.
Why Choose Ayala Law PA for a Tampa-Area Contract Dispute
Ayala Law PA focuses its practice on business litigation and contract disputes in Florida courts and arbitration. This page describes the work the firm does and how matters move, so you can judge whether the practice fits your situation.
- Responsible lawyer: Eduardo A. Maura is the lawyer responsible for this page and the matters it describes.
- Support staff: Our team includes assistants and office staff who support the practice.
- Office: The firm’s only office is at 1646 W Snow Ave, Tampa, Florida.
- Businesses in Tampa, Hillsborough County, Brandon, Riverview, Plant City, Temple Terrace and the Tampa Bay area may contact the firm at its Tampa office, 1646 W Snow Ave, Tampa, Florida.
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 About Breach of Contract Claims
Can I sue for breach of contract if the agreement was oral?
Yes, an oral agreement can support a claim in general. Proving its terms is often harder, so gather every message and invoice that shows the deal.
Do I have to go to arbitration?
Under Fla. Stat. § 682.03, a court may order arbitration only if there is an enforceable agreement to arbitrate.
How long does a contract case take?
Timelines vary by court, arbitration rules and how the other side responds.
What should I bring to a case evaluation?
Bring the signed contract, any amendments, invoices, payment history, notices and emails about the dispute.
What does a case evaluation cost?
Case evaluations are charged. The firm explains its fee arrangement and any costs you may owe, such as filing fees, before you engage the firm.
Next Step: Request a Case Evaluation
If a customer, vendor, partner or contractor has stopped performing under your agreement, call (305) 570-2208 or contact Ayala Law PA to request a case evaluation. Have the contract and payment records ready. Eduardo A. Maura is the responsible lawyer, and the office is at 1646 W Snow Ave, Tampa, Florida. The firm does not promise or predict any result, and results turn on the facts of each matter.
