• Miami, FL
  • Broward, FL
  • Orlando, FL
  • Palm Beach, FL
  • Tampa, FL
24/7 Live Answering
phone-icon 305-928-1077
  • Home
  • Practice Areas
    • HOA & Condominium Law
      • Homeowner Disputes
      • Water Damage Claims
    • Business Law & Commercial Litigation
      • Breach of Contract
      • Business Disputes
      • Commercial Transactions and Business Fraud
      • Partnership & Shareholder Disputes
    • Real Estate Law
      • Real Estate Litigation
  • Results & Reviews
    • Case Results
    • Client Testimonials
  • Professionals
    • Michael P. Mayoral
    • Erik A. Perez
    • Fernando A. Prego
    • Luis Martinez
    • Maria Agudelo
    • David Grossinger
    • Steven Llarena
    • Roberto Garrote
    • Natalia Perez
  • Resources
    • Blog
    • In The News
    • Educational Videos
    • Newsletter
  • Contact
  • Home
  • Practice Areas
    • HOA & Condominium Law
      • Homeowner Disputes
      • Water Damage Claims
    • Business Law & Commercial Litigation
      • Breach of Contract
      • Business Disputes
      • Commercial Transactions and Business Fraud
      • Partnership & Shareholder Disputes
    • Real Estate Law
      • Real Estate Litigation
  • Results & Reviews
    • Case Results
    • Client Testimonials
  • Professionals
    • Michael P. Mayoral
    • Erik A. Perez
    • Fernando A. Prego
    • Luis Martinez
    • Maria Agudelo
    • David Grossinger
    • Steven Llarena
    • Roberto Garrote
    • Natalia Perez
  • Resources
    • Blog
    • In The News
    • Educational Videos
    • Newsletter
  • Contact
  • Miami, FL
  • Broward, FL
  • Orlando, FL
  • Palm Beach, FL
  • Tampa, FL

Florida Business Law & Commercial Litigation Attorneys

Strategic Counsel. Relentless Advocacy.

At Perez Mayoral, P.A., we represent business owners, investors, and partners in high-stakes commercial disputes. When problems arise, whether it’s a breach of contract, partnership conflict, or corporate misconduct, we act quickly and strategically to safeguard your interests and pursue lasting, business-minded solutions.

Commercial Dispute Resolution

Please enable JavaScript in your browser to complete this form.
Loading
business lawyer miami partnership dispute

Business Litigation Services

Millions Won for Florida Businesses
Contract Disputes

Handling breaches, interpretation issues, and enforcement of contract clauses to protect clients’ rights and obligations.

Shareholder and Partnership Disputes

Representing stakeholders in disputes over management, profit distribution, and breaches of fiduciary duties.

Business Torts

Addressing issues like tortious interference, unfair competition, defamation, fraud, and more to protect clients and recover damages.

Commercial Real Estate Litigation

Managing disputes involving lease issues, zoning, property rights, and eminent domain.

Employment Disputes

Representing businesses in cases of wrongful termination, discrimination, wage disputes, and breaches of noncompete or confidentiality agreements.

Corporate Governance and Fiduciary Duty Litigation

Focusing on disputes related to governance, breaches of fiduciary duties, mismanagement, and corporate integrity.

Construction Litigation

Dealing with breaches, construction defects, mechanic’s liens, and payment or performance disputes.

Intellectual Property Litigation

Assisting in the defense and enforcement of trademarks, copyrights, patents, and trade secrets.

Video Resources

FOR FLORIDA BUSINESSES

How Perez Mayoral, P.A. Helps Businesses as a Law Firm
How do I prove fraud in a business litigation case? - Perez Mayoral
What should I do if someone breaches a business contract with me? - Perez Mayoral
How long does the litigation process usually take in a Business Dispute? - Perez Mayoral
What is the process for filing a business litigation case in Florida? - Perez Mayoral
What are common mistakes businesses make in litigation? -Perez Mayoral HOA, Condo & Business Lawyers
What should I look for in a business litigation attorney
What are the advantages of arbitration over litigation? - Perez Mayoral

How Perez Mayoral, P.A. Helps Businesses as a Law Firm

How do I prove fraud in a business litigation case?

What should I do if someone breaches a business contract with me?

How long does the litigation process usually take in a business dispute?

What is the process for filing a business litigation case in Florida?

What are common mistakes businesses make in litigation?

What should I look for in a business litigation attorney?

What are the advantages of arbitration over litigation?

Strategic Counsel. Relentless Advocacy.

Protecting the interests of Florida businesses, investors, and shareholders through sophisticated representation in state and federal courts.

Learn How We Can Help
Factors to Consider During a Miami Business Formation

Frequently Asked Questions

Your Questions Answered
How do I know if my business has grounds for a lawsuit?

Your business may have grounds for a lawsuit if you’ve experienced financial harm due to another party’s actions or failure to meet their obligations. Common indicators include breach of contract where the other party failed to deliver goods, services, or payments as agreed, fraudulent business practices that caused monetary losses, interference with your business relationships or existing contracts, trademark or copyright infringement affecting your brand, partnership disputes involving mismanagement of funds or breach of fiduciary duties, or employment issues such as trade secret theft by former employees. Additionally, if you’ve suffered damages from construction defects, real estate disputes, or unfair competition practices, you likely have viable legal claims.

The key factors Florida courts consider are whether you can demonstrate actual damages, establish the other party’s legal responsibility, and show a clear connection between their actions and your losses. To determine if your specific situation warrants legal action, gather all relevant documentation including contracts, correspondence, financial records, and evidence of damages. Contact our experienced business litigation attorneys for a consultation where we can evaluate the strength of your potential claims and discuss the most effective legal strategy for your case.

How long does litigation typically take?

Business litigation timelines in Florida vary widely based on the case’s complexity, court schedules, and whether parties reach settlement agreements. Simple contract disputes or straightforward business matters may resolve within 6-12 months, while complex commercial litigation involving multiple parties, extensive discovery, or involved legal issues can take 2-3 years or longer to reach trial. The discovery phase, where parties exchange documents and take depositions, typically accounts for the majority of litigation time and can last 6-18 months depending on the volume of information involved.

Factors that can extend timelines include crowded court dockets, motions practice, appeals, and the opposing party’s cooperation level. Many cases settle during mediation or negotiations before reaching trial, which can significantly shorten the overall process. Federal court cases often move faster than state court matters due to different scheduling practices and case management approaches. Emergency situations may qualify for expedited hearings or temporary injunctions that can provide quicker relief while the main case proceeds. For a realistic timeline estimate based on your specific business dispute, contact our office for a consultation where we can evaluate your case’s unique circumstances and provide a more precise timeframe for resolution.

Can my business recover attorney fees in litigation?

Whether your business can recover attorney fees in litigation depends on the specific circumstances of your case and applicable Florida law. Florida generally follows the “American Rule,” meaning each party pays their own attorney fees unless there’s a specific statute, contract provision, or legal principle that allows fee recovery. Common situations where businesses can recover attorney fees include contracts with prevailing party clauses, cases involving statutory violations like unfair trade practices or certain employment disputes, trademark and copyright infringement claims, and situations where the opposing party acted in bad faith or filed frivolous claims.

Additionally, Florida’s offer of judgment statute allows fee recovery in some cases where a party rejects a reasonable settlement offer and then receives a less favorable judgment at trial. The amount recoverable must be reasonable and necessary, and courts will review fee requests to ensure they’re appropriate for the work performed. To understand your potential for fee recovery in your specific case, contact our team for a consultation where we can review your contracts, assess applicable statutes, and develop a strategy that maximizes your chances of recovering attorney fees along with other damages.

What are the costs associated with business litigation?

Business litigation costs in Florida include several components beyond attorney fees, such as court filing fees ranging from $400-$500 to initiate a lawsuit, deposition costs of $500-$1,500 per witness, expert witness fees that can reach $200-$500 per hour, and expenses for document production, investigations, or forensic analysis when needed. Additional costs may include mediation fees, court reporter charges, and potential bond requirements for certain types of relief. The total expense depends heavily on factors like case duration, the amount of discovery required, number of parties involved, and whether the matter settles early or proceeds to trial.

Simple contract disputes might resolve for under $30,000, while complex commercial matters can cost significantly more depending on their scope and duration. Many cases settle during negotiations or mediation, which typically reduces overall expenses compared to full trial proceedings. To understand the potential costs for your specific situation and discuss our fee structure, schedule a consultation where we can evaluate your case and provide a detailed breakdown of expected expenses and available payment options.

What are my options if the other party isn’t upholding their end of a contract?

When another party breaches a contract, you have several legal remedies available under Florida law depending on the severity of the breach and your specific damages. Your options include seeking monetary damages to compensate for financial losses caused by the breach, requesting specific performance to force the other party to fulfill their contractual obligations, or pursuing contract rescission to cancel the agreement and restore both parties to their pre-contract position. You may also be entitled to consequential damages for additional losses that resulted from the breach, such as lost profits or costs incurred due to their failure to perform.

Before pursuing litigation, consider sending a formal demand letter outlining the breach and requesting compliance, as this can sometimes resolve the matter without court involvement and may be required under your contract terms. If the breach is ongoing, you might seek a temporary restraining order or injunction to prevent further harm to your business. In cases where the other party’s breach is substantial, you may have grounds to terminate the contract and seek damages for any losses incurred. The statute of limitations for contract disputes in Florida is typically five years for written contracts and four years for oral agreements, so timely action is important. Contact our attorneys for a consultation to review your contract terms, assess your damages, and determine the most effective strategy for enforcing your rights and recovering compensation.

Breach of Loan Agreements & Promissory Notes

Perez Mayoral, P.A. regularly negotiates and litigates contract disputes throughout Miami and South Florida, including breach of loan agreement and promissory note cases. We work to protect the interests of lenders and borrowers and resolve claims expediently. While contract disputes often settle, we are always prepared to go to court to achieve the desired outcome. Contact us today to discuss your case in confidence.

Table of Contents
  1. How A Breach of Loan Agreement Can Occur in Miami
    1. When Miami Lenders Breach a Loan Agreement
    2. Failure to Fund
    3. Improper Acceleration
    4. Violation of Promises as a Breach of Loan Agreement
  2. Breach of Promissory Note
    1. How to Enforce a Promissory Note in Miami
      1. Contact Our Florida Breach of Loan Agreement and Promissory Notes Attorney

How A Breach of Loan Agreement Can Occur in Miami

Loan agreements are binding contracts between two or more parties to formalize the loan process and spell out each party’s obligations. There are many types of loan agreements, such as:

  • Credit cards
  • Auto loans
  • Mortgages
  • Commercial loans

Most loan agreements clearly define how the borrower will use the proceeds, the repayment terms, collateral, and the duration. Conditions for repayment are governed by state and federal law to prevent excessive interest. Default terms are also specified, including terms of collection and associated costs (e.g. attorney fees, court costs).

If the borrower defaults by missing payments, they have breached the loan agreement. If the borrower fails to cure the default, the lender can pursue litigation to seek monetary damages, including legal costs and liquidated damages. The lender may also seize pledged assets and property and move to have a court judgment placed on the borrower’s credit record.

When Miami Lenders Breach a Loan Agreement

While breaches on the borrower’s part are common, lenders can also breach a loan contract in several ways, including:

Failure to Fund

A lender’s primary duty under a loan agreement is to provide funds to the borrower according to the terms of the contract. If the lender fails to advance the required funds, they have breached the contract. Suppose you are closing on a house and the mortgage lender does not deliver the money as promised. That is considered a breach.

Failure to fund can also occur under an agreement where the lender disperses funds over time, for example, on a construction loan. As long as borrowers fulfill their obligation to receive the next round of funds, the lender is in breach if it fails to deliver.

Improper Acceleration

Loan agreements often include a provision giving a lender the right to “call” a loan and require immediate full payment immediately if the borrower violates its terms. That is known as an acceleration clause. For example, a loan agreement may have acceleration clauses that become effective if the borrower does not use the funds for the agreed-upon purpose or misses too many payments. A lender that calls the loan even though the borrower is meeting their obligations has breached the loan agreement.

Violation of Promises as a Breach of Loan Agreement

Lenders can be liable for breach of contract by failing to fulfill promises made to the borrowers during negotiations if those promises are not in the final loan contract. For example, a lender that offers a commercial loan with a 5-year term but switches it to one year in the agreement may be in breach. Courts have held that oral promises are enforceable despite contradicting the written contract.

Breach of Promissory Note

A promissory note is a binding agreement evidencing a borrower’s promise to pay the holder a fixed amount of money on a specific date or upon demand. Businesses often use these agreements when they:

  • Provide services
  • Sell goods
  • Lend money
  • Extend credit

A valid promissory note has the same elements as any other valid contract, including (1) an offer, (2) an acceptance, and (3) consideration. For example, if a lender advances $25,000, and the borrower signs a promissory note for $25,000, the loan is considered valid consideration.

Breach of a promissory note occurs when payment due or demanded is not received. The elements of a breach include:

  • The existence of a valid and enforceable note
  • Performance by the lender
  • The borrower breached the agreement (e.g. failure to pay)
  • Actual injury to the lender

Notably, a statute of limitations applies to a breach of a promissory note that begins to run on the date it occurred. Florida law provides a 5-year statute of limitations to sue on a promissory note to satisfy the debt.

How to Enforce a Promissory Note in Miami

To enforce a breached promissory note, the holder must follow the agreed-upon terms when making demands for payment – improper notice can hinder any legal action and may prevent enforcement.

The holder can take legal action if the borrower fails to make timely payment and even file a motion for expedited judgment. However, the note must meet the requirements under Uniform Commercial Code (UCC) Article 3:

  • Be in writing
  • Be signed by the maker or drawer
  • Be an unconditional promise or order to pay
  • Be for a fixed amount of money
  • Be payable on demand or at a definite time

A promissory note will not be enforceable if it does not meet these requirements, and the holder will not be able to seek expedited judgment. While the holder can still go after the borrower, they cannot pursue additional remedies, such as attorney’s fees, collection fees, and default interest.

All states recognize the UCC, but each has its version, including Florida, with minor but distinct differences. It is essential to consult an experienced breach of contract attorney to enforce your promissory note or protect your interests if you are a borrower who has received a demand for payment prematurely.

Contact Our Florida Breach of Loan Agreement and Promissory Notes Attorney

At Perez Mayoral, we have an impressive track record of prosecuting and defending breach of contract claims. If your business needs to take action against a party that failed to meet the terms of a loan agreement or promissory note, we can help. Contact us today to get started.

The experienced breach of loan agreement or promissory note attorneys at Perez Mayoral, P.A. help residents all throughout Miami, Miami Beach, Miami-Dade County, and South Florida with their breach of contract questions and needs.

Contact Us

Your property. Your rights. Our fight.

Please enable JavaScript in your browser to complete this form.
Loading

Contact the attorneys at Perez Mayoral, P.A. for professional legal guidance on your HOA dispute today.

Conflicts with HOAs are complex. Don’t go it alone. Contact us today for a case review.

How Perez Mayoral, P.A. Helps Businesses as a Law Firm
How We Help People in Their Disputes with HOAs (with Attorney Erik Perez)
Types of Miami Business Litigation Our Practice Handles

SPEAK WITH AN ATTORNEY TODAY

Whatever it is, don't face the issue alone. Our experienced attorneys are ready to fight for your rights.
CONTACT OUR LAW FIRM FOR A CASE REVIEW

Please enable JavaScript in your browser to complete this form.
Loading

Trusted HOA, Business & Real Estate
Counsel in Florida

Existing Clients: 305-928-1077
New Clients: 305-928-1077
Address: 999 Ponce De Leon Blvd, Suite 705, Coral Gables, FL 33134
Email: [email protected]
Visit Our Florida Office
  • Appellate Lawyer Miami, FL
  • Arbitration Lawyer Miami, FL
  • Business Lawyer Miami, FL
  • Commercial Tenant Lawyer Miami, FL
  • Sarasota Condo Lawyer
  • Condo Attorney Fort Lauderdale, FL
  • Condominium Act Lawyer Florida
  • HOA Dispute Lawyer Orlando, FL
  • HOA Lawyer Boca Raton, FL
  • Key West Condo Lawyer
  • HOA Lawyer Naples, FL
  • HOA Lawyer Orlando, FL
  • HOA Lawyer Palm Beach, FL
  • International Business Lawyer Miami, FL
  • Key West HOA Lawyer
  • Partnership Dispute Lawyer Miami, FL
  • Real Estate Litigation Lawyer Miami, FL
  • Shareholder Dispute Lawyer Miami, FL
  • Sarasota HOA Lawyer
  • Welcome
  • Practice Areas
  • Professionals
  • Resources
  • Contact
24/7 Live Answering
phone-icon 305-928-1077

© 2025 Perez Mayoral – HOA, Condo & Business Lawyers | Disclaimer | Privacy Policy | Powered By: Matador Solutions | Sitemap