Why would I need a litigation attorney? You usually need one when a business dispute can’t be settled through talks and may have to be decided by a court or an arbitrator. Litigation means resolving a legal dispute through the courts or, when a contract requires it, through arbitration. Ayala Law PA focuses its practice on business litigation in Florida courts and arbitration. This page covers the common situations, the warning signs, and the timing issues that matter most.
What a Litigation Attorney Does
A litigation attorney represents one side of a legal dispute at every stage, from the first demand letter to the final hearing. The work often starts before any lawsuit is filed. A demand letter states the claim, the relief sought, and what the other side must do next. If talks fail, the attorney prepares the complaint or the arbitration demand.
Next comes discovery. Each side exchanges documents, answers written questions under oath, and may take depositions, which are recorded statements given under oath. Motions ask a judge to decide specific issues before trial. Many cases also go through mediation, where a neutral helper works with both sides. Cases that don’t settle move to trial or an arbitration hearing.
Litigation is different from transactional work. A transactional lawyer drafts and negotiates contracts before a problem exists. A litigation attorney steps in once a disagreement has become a claim.
Ayala Law PA focuses on business litigation, commercial litigation, contract disputes, shareholder disputes, construction litigation, real estate litigation, and international trade litigation in Florida courts and arbitration.
If a partner has gone silent, a lien has been filed, or a deadline is already on your calendar, you don't have to sort it out alone. Reach out to our team to talk through your situation. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Common Situations That Lead Businesses to Litigation
Most business lawsuits start with a disagreement over money, control, or performance that talks could not resolve. Five situations come up often.
- Contract disputes. A counterparty stops performing, disputes payment terms, or claims a breach your business rejects.
- Shareholder and partnership disputes. Owners disagree about control, buyouts, distributions, or duties to one another. In an LLC, a member bringing a derivative action generally must first demand that the managers or other members take suitable action, unless that demand would be futile or cause irreparable injury to the company.
- Construction disputes. Contractors and subcontractors clash over payment, lien claims, and questions of performance or fraud.
- Real estate disputes. Parties disagree over purchase and sale agreements, leases, title, or property interests.
- International trade disputes. Cross-border sales, shipments, or contract performance can end up in Florida courts or arbitration.
Labels matter. Florida’s Third District has held that a party generally cannot recover in tort for a contract dispute unless the tort is independent of the breach, as Frutafino v. Dole Chile explains. A claim labeled fraud may still be treated as a contract dispute.
Types of Civil Litigation a Business May Face
Civil litigation is a lawsuit between private parties, such as businesses, owners, and individuals, asking a court for money or another remedy. It differs from a criminal case, which the government brings. Most business owners meet commercial, contract, owner and partner, construction, and real estate claims.
Some agreements send disputes to arbitration instead of a courtroom. Under Fla. Stat. § 682.02, a written agreement to arbitrate is valid and enforceable, except on grounds that exist to revoke any contract. A court decides whether an arbitration agreement exists. Federal law reaches transactions involving commerce in the same way.
Many court cases also go to mediation. Under Fla. Stat. § 44.102, a court must refer a filed damages case to mediation when one party asks, if that party can pay or the costs can be split. Under Fla. Stat. § 44.102, a court, under rules adopted by the Supreme Court, “[m]ust, 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” a listed exception applies, and the statute lists exceptions, including where the parties have agreed to binding arbitration. Federal cases filed in the Tampa Division follow the Middle District of Florida local rules.
Warning Signs That a Dispute Needs a Litigation Attorney
A dispute needs a litigation attorney when it moves from conversation to a formal claim or a running deadline. Watch for these signs:
- The other side has sent a demand letter, notice of default, lien notice, or complaint.
- Negotiations have stalled, or the other party has stopped responding.
- A significant amount of money, a business relationship, or control of a company is at stake.
- A deadline is running, such as a response date in a notice.
Deadlines are the sign people most often miss. Under Fla. Stat. § 95.11, the clock on a claim arising from the design, planning, or construction of an improvement to real property generally starts on the earliest of the date a temporary certificate of occupancy, certificate of occupancy, or certificate of completion is issued, or the date construction is abandoned, or, for a latent defect, when the defect is or should have been discovered, and in any event the action must be filed within 7 years of that earliest date. That time usually runs from the certificate of occupancy, certificate of completion, or abandonment date, whichever is earliest.
Real property claims follow their own rule. Under Fla. Stat. § 95.12, no action to recover property can be maintained unless the person, or a predecessor, was in possession within the seven years before filing. Review any running deadline promptly.
Why Early Involvement and Candor Matter
Acting early and sharing every relevant fact gives your lawyer the most room to work. A lawyer can only evaluate a dispute on the facts provided, and what happens next depends on the facts. Unhelpful facts still matter, so tell your lawyer about them.
Preserve evidence as soon as you expect a dispute. Keep emails, texts, invoices, contracts, and project records, and don’t delete or edit them. Under Fla. Stat. § 90.502, a client may refuse to disclose confidential communications made to obtain legal services. That privilege does not apply when a lawyer’s services were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew was a crime or fraud.
Avoid public posts about the dispute and direct talks about the legal claims until you’ve discussed them with counsel. Timing can also affect contract rights. In Flaherty v. Flaherty, the Second District explained that ratification occurs when a party entitled to rescind a voidable contract fails to do so after discovering the facts that warrant rescission. As the court explained in Flaherty v. Flaherty, ratification occurs when a party entitled to rescind a voidable contract fails to do so after the discovery of facts that warrant a rescission.
How Litigation Attorney Fees Are Generally Discussed
Litigation fees are usually discussed as hourly billing, a flat fee for a defined task, or another arrangement that fits the matter. Hourly billing charges for time spent. A flat fee covers a defined task, such as a demand letter or a single motion. Some matters combine the two, and the right structure depends on the matter’s scope and stage.
Some business contracts include an attorney’s fee clause. Under Fla. Stat. § 57.105, if a contract allows fees to a party who must enforce it, the court may also allow reasonable fees to the other party when that party prevails, whether as plaintiff or defendant. This applies to contracts entered into on or after October 1, 1988. The court decides whether to award them.
Ayala Law PA charges for case evaluations. Fee arrangements, and any costs you may owe, such as filing fees and other third-party charges, are discussed directly with the firm before work begins.
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.
Working With Ayala Law PA on a Florida Business Dispute
Ayala Law PA focuses its practice on business, commercial, contract, shareholder, construction, real estate, and international trade litigation in Florida courts and arbitration. The firm’s only office is at 1646 W Snow Ave, Tampa, Florida. It represents businesses in Tampa, Hillsborough County, Brandon, Riverview, Plant City, Temple Terrace, and the wider Tampa Bay area. Eduardo A. Maura is the lawyer responsible for this page. A matter may be referred to another lawyer or firm where appropriate. For real estate disputes, see the real estate litigation page.
Why would I need a litigation attorney?
You may need one when a business dispute can’t be resolved by talks and a court or arbitrator may have to decide it. A demand letter, a lawsuit, or a lien notice is often the first clear sign.
What is the difference between litigation and transactional work?
Litigation resolves a dispute that already exists. Transactional work drafts and negotiates agreements before a problem arises.
How long do I have to act on a construction dispute in Florida?
Florida’s construction deadlines depend on the type of claim, and some are much shorter than others. For example, Fla. Stat. § 95.11(6)(b) sets a one-year period for actions to enforce an equitable lien arising from furnishing labor, services, or materials for improvement of real property. Under Fla. Stat. § 95.11(3)(b), the four-year period for an action founded on the design, planning, or construction of an improvement to real property generally runs from the earliest of 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. When a latent defect is involved, the four years start once the defect is found or should have been found through the exercise of due diligence. In any event, the action must be commenced within 7 years after that earliest date, so review those dates promptly.
Should I talk to the other side before I get a lawyer?
Avoid discussing the legal claims directly until you’ve talked with counsel. Keep your records intact and hold off on public posts about the dispute.
If a partner has gone silent, a lien has been filed, or a deadline is already on your calendar, you don’t have to sort it out alone. Contact Ayala Law PA or call (305) 570-2208 to talk through your situation.
