The lawyer you need is one licensed to practice in Florida who handles civil disputes between businesses. The right match depends on what the dispute is about: a contract, an ownership fight, a construction job, a property matter, or a cross-border trade problem. Civil litigation generally involves disputes over money, property, or rights, according to the U.S. District Court for the Middle District of Florida. This guide explains how to match a lawyer to your dispute and what to check before you file.
What kind of lawyer can sue a company?
A business dispute usually calls for a lawyer who focuses on commercial and civil litigation. Look for a lawyer whose work matches your problem, not just any attorney.
Ayala Law PA focuses on business litigation in Florida courts and arbitration. That work covers commercial litigation, contract disputes, shareholder and partnership disputes, construction litigation, real estate litigation, and international trade litigation. The firm’s office is at 1646 W Snow Ave in Tampa, Florida, and it serves businesses in Tampa and Hillsborough County.
Some matters may be referred to another lawyer or law firm. Our team will tell you if that applies to your matter.
If a company owes you money or stopped following a contract, you may have options, and we can talk through what your situation looks like. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Matching the lawyer to your type of dispute
Start with the category that fits your problem. Each one raises different questions.
Contract disputes cover unpaid invoices, broken service agreements, missed deliveries, and terms both sides read differently. Shareholder and partnership disputes involve ownership, buyouts, distributions, and control. New shares can shrink an owner’s stake. The Florida Office of Financial Regulation notes that newly issued shares can dilute a minority shareholder’s ownership percentage.
Construction litigation covers disputes between contractors and subcontractors, change orders, payment fights, lien foreclosure, and construction contract fraud. Real estate litigation deals with disputes over property rights in Florida courts. International trade litigation covers cross-border trade disputes in Florida courts and arbitration.
Many disputes cover more than one category. A partner who stops paying into a construction job raises both ownership and contract questions. Give your lawyer the full story from the start.
One rule matters for contract-based claims. When an express contract covers the same subject, claims from that relationship generally won’t support unjust enrichment (a claim that someone was unfairly enriched). The Third District Court of Appeal said this in Williams v. Johnson.
Small claims, county court, or circuit court: which fits your claim?
The court you use depends on where the dispute arose, where the defendant is located, and whether the contract sends the fight to arbitration. Florida law sets where a case can be filed. Under Fla. Stat. § 47.011, an action shall 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.
For a company sued as a domestic corporation, Fla. Stat. § 47.051 an action shall be brought only in the county where it has, or usually keeps, an office for its customary business, where the cause of action accrued, or where the property in litigation is located. If the work happened in Hillsborough County, or the company is based there, a local filing may fit these rules.
Small claims court handles smaller money disputes. Some people represent themselves there. That choice has trade-offs, and the stakes often grow as a claim becomes larger or more complex.
Arbitration changes the forum entirely. If the contract requires it, the dispute may never reach a courtroom.
Check the contract and the deadline before you sue
Read the contract’s dispute terms and note the filing deadline before you send or file anything. Several clauses decide where and how a claim moves forward.
Under Fla. Stat. § 682.02, a written agreement to arbitrate is valid, enforceable, and irrevocable, except on grounds that exist to revoke any contract. If the other side refuses to arbitrate, Fla. Stat. § 682.03 lets a court order arbitration. The court may not refuse only because the claim lacks merit.
A forum selection clause names the place for suits. A governing-law clause names which state’s law applies. Some contracts also require written notice or a chance to fix the problem first. Skipping those steps can complicate a claim.
Time limits depend on the type of claim. In Florida, an action founded on the design, planning, or construction of an improvement to real property generally must be filed within four years under Fla. Stat. § 95.11(3)(b), running from the earliest of these dates: the date a temporary certificate of occupancy, certificate of occupancy, or certificate of completion is issued, or the date construction was abandoned if not completed. A contract cannot cut that period short. Under Fla. Stat. § 95.03, a contract clause that sets a shorter period than the statute is void.
Courts also look at fairness. In Basulto v. Hialeah Automotive, the Florida Supreme Court held that a court must find both unfair deal-making and unfair terms before refusing to enforce a contract term, though not to the same degree.
Gather the signed contract, emails, invoices, change orders, and payment records now. Missing a deadline can end a claim.
Before filing: the demand letter and what not to put in it
A demand letter tells the other side what you claim, what you want, and when you expect a response. Many disputes start with one, and it is often sent before any lawsuit.
A good demand letter is short and factual. It should state the key facts, the amount or action requested, and a response deadline.
Leave certain things out. Don’t admit fault, even in part. Skip guesses about the other side’s motives, insults, and the lowest number you would accept. Don’t state legal conclusions you can’t support.
Assume the other side will keep every message. Anything written to them can later be used as evidence, so keep your messages factual and dated. A lawyer can draft the letter or review one you’ve already written, so it doesn’t weaken your position.
Can I get sued personally if my business is an LLC?
Generally, no, just because the business is an LLC. Under Fla. Stat. § 605.0304, a company’s debt is solely the company’s, and a member or manager is not personally liable for it solely because of that role.
The same statute says a failure to observe formalities is not, by itself, a ground for holding a member or manager liable for a company debt.
Protection has limits based on conduct and documents. An owner who signed a personal promise to pay the company’s debt, or who personally took part in the wrongdoing, may face personal responsibility. Whether that applies to you depends on the facts.
If you are the one being sued, the early steps are the same. Note the date you were served and the deadline to respond. Preserve every document and message about the dispute.
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 a business litigation lawyer about your dispute
Many people reading this are looking into a problem for their own business, or for a partner or family member. You may not have decided yet whether you need a lawyer. An unpaid balance, a stalled construction job, or a partner who stopped cooperating can feel like too much to sort out alone.
For more background, see our business litigation overview.
Common questions
Can I sue a business without a lawyer in Florida?
Some people represent themselves in court. A lawyer can explain the trade-offs for your specific claim.
Does my contract require arbitration before I can sue?
Check the contract for an arbitration clause. Under Fla. Stat. § 682.02, a written agreement to arbitrate is generally enforceable.
What is the time limit to sue a business?
Florida sets time limits by claim type under Fla. Stat. § 95.11. A contract clause that shortens that period is void under Fla. Stat. § 95.03.
Eduardo A. Maura is the lawyer responsible for the content of this page. The firm’s office is at 1646 W Snow Ave in Tampa, Florida. Case evaluations are a paid service.
When you’re ready, call (305) 570-2208 or send a message through the contact page. Have the contract, emails, and deadlines at hand so the conversation starts with the facts.
