Miami, 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
Your property. Your rights. Our fight. | Hablamos Español
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.
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FOR FLORIDA BUSINESSES
Strategic Counsel. Relentless Advocacy.
Protecting the interests of Florida businesses, investors, and shareholders through sophisticated representation in state and federal courts.
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.
Miami Partnership Dispute Lawyer
Are you looking for a partnership dispute lawyer in Miami, FL?
At Perez Mayoral, P.A., we are trusted partnership dispute counsel for business owners throughout Miami and the surrounding region.
If you are involved in a partnership dispute in Miami, our attorneys can review the governing agreement, assess the conduct at issue, and pursue the relief that protects your interest in the business. Our Miami, FL partnership dispute lawyer handles claims involving breach of the partnership agreement, breach of fiduciary duty, exclusion from management, and the diversion of company funds. Perez Mayoral, P.A. represents business owners and partners throughout South Florida, both in negotiation and at trial. We provide a candid assessment of your position at the outset. Contact our firm to request an initial case review.
Partnership Dispute Lawyer Miami, FL
A partnership dispute is a disagreement among the owners of a business concerning its operation, the distribution of its profits, or the departure of one of its owners. Such a dispute may arise within a general partnership, a limited partnership, or the membership of a limited liability company. It commonly develops when the confidence among owners deteriorates, when company funds are unaccounted for, or when one owner seeks to exercise control to the detriment of the others.
Miami-Dade County is home to more than 83,000 employer firms, a substantial portion of which are closely held businesses that depend on the working relationships among their owners. When those relationships fail, the resulting disputes can affect both the finances of the business and the standing of its owners. Our firm represents business owners throughout Miami in the resolution of such disputes.
Types of Partnership Dispute Cases We Handle in Miami
Partnership disputes take a variety of forms, and the appropriate approach depends on the structure of the business and the nature of the conduct involved. Some clients retain the firm to enforce the terms of an agreement. Others require a defense against a partner who has exceeded the authority the agreement confers.
- Breach of contract. A partnership or operating agreement is a contract. When a partner fails to perform its terms concerning profits, duties, or decision-making authority, we prosecute or defend the resulting claim.
- Breach of fiduciary duty. Partners owe one another duties of loyalty and good faith. We handle claims involving self-dealing, undisclosed profits, and the diversion of business opportunities.
- Freeze-outs and exclusion. A controlling owner may attempt to exclude a partner from management or to suspend distributions. We act to restore the excluded owner’s rights and to hold the controlling owner accountable.
- Diversion of funds or assets. When a partner appropriates company funds or property for personal benefit, the conduct may constitute misappropriation, and we pursue its recovery.
- Dissolution and winding up. When a business can no longer operate effectively, we represent owners in its dissolution and in the distribution of the remaining assets.
- Accounting disputes. An owner is entitled to an accurate account of the business’s finances. We pursue a formal accounting when the records are incomplete or inconsistent.
- Buyout and valuation disputes. When an owner departs, the value of that owner’s interest is frequently contested. We advance and defend valuations supported by the financial records.
Why Choose Perez Mayoral, P.A. as My Partnership Dispute Lawyer in Miami, FL?
Business Litigation Experience Focused on Business Owners
Partnership litigation requires both a command of business law and an understanding of the relationships from which these disputes arise. Our attorneys bring the preparation and courtroom experience you would expect from an established business litigation lawyer in Miami, FL, together with a practice devoted to representing individual owners and partners. That experience reflects over 100 years of combined litigation experience across commercial and business matters. Erik A. Perez and Michael P. Mayoral direct the firm’s business litigation practice. We handle the full range of partnership and shareholder disputes and provide a candid assessment of the strengths and weaknesses of each matter from the outset.
A Record of Results in Business and Partnership Disputes
Our record reflects sustained results for the clients we represent. We have recovered millions of dollars for owners and businesses in commercial, property, and association matters, and we have defended those recoveries when opposing parties sought to overturn them. Partnership disputes are resolved through thorough preparation and a well-defined theory of the case. When the circumstances require it, we are prepared to try a matter to verdict.
Understanding Partnership Dispute Cases
A partnership dispute involves the interaction of the governing agreement, the business relationship among the owners, and the duties the law imposes upon them. An understanding of these elements assists an owner in assessing the strength of a claim or a defense before proceeding.
The Partnership Agreement, Fiduciary Duties, and Remedies
Partnership disputes are governed principally by the agreement among the partners and by the duties that Florida law imposes upon them.
- The agreement. The partnership or operating agreement ordinarily governs the allocation of profits, matters of control, and the terms of withdrawal. Its provisions are the starting point of the analysis.
- Governing law. Where the agreement is silent, statutory default rules apply. Florida establishes those rules for partnerships in Florida’s partnership statute and for limited liability companies in Florida’s LLC act.
- Fiduciary duties. Partners owe one another duties of loyalty and good faith. A breach of fiduciary duty, such as self-dealing or the diversion of an opportunity, may support a claim for damages.
- Remedies. Depending on the circumstances, available relief may include a buyout, a formal accounting, dissolution of the business, or an award of damages.
What Are Important Aspects of a Partnership Dispute?
Several considerations bear significantly on the course of a partnership dispute.
- The documents. The governing agreement, the financial books, and the records of the business inform most of these matters, and their early collection is important.
- Valuation. When a buyout or dissolution is at issue, the value of the business becomes a central question, and qualified professionals frequently reach differing conclusions.
- Deadlines. Partnership claims are subject to applicable limitations periods, and delay may diminish both the available evidence and the client’s position.
What Should You Bring to Your Partnership Dispute Consultation?
A review of the relevant records permits a more accurate assessment of your position. We ask that you provide the following:
- The partnership or operating agreement, together with any amendments.
- Financial records, including tax returns, bank statements, and records of distributions.
- Communications with the other owners concerning the dispute.
- Corporate records, such as meeting minutes and documents evidencing ownership.
Following this review, we will examine the agreement, evaluate the conduct at issue, and provide a candid assessment of the available options and the anticipated cost.
What Is the Partnership Dispute Timeline?
Although partnership disputes vary considerably, most proceed through a recognizable sequence.
- Assessment. We review the governing agreement and the relevant facts in order to identify the strongest claims.
- Demand or negotiation. Many disputes begin with a demand or an effort to resolve the matter directly.
- Filing. If negotiation is unsuccessful, a lawsuit, or an arbitration where the agreement so requires, is commenced.
- Discovery. The parties exchange documents and take testimony, which is frequently the most extended phase of the matter.
- Resolution. The matter concludes by settlement, by trial, or by another binding determination.
Some disputes are resolved within several months, while those involving contested valuations or extensive records may require considerably longer.
Miami Business Resources for Partnership Disputes
A partnership dispute frequently depends upon records maintained outside the business itself. A company’s formation, ownership, and current status are matters of public record with Florida’s business registry, which can establish the ownership of interests and confirm whether an entity remains active. The Florida Bar’s business law section publishes developments in the law that affect business owners across the state. These sources frequently inform the early stages of a matter.
Reach Out to Perez Mayoral, P.A. to Schedule a Consultation
If a dispute has arisen among the owners of your business in Miami, addressing the matter promptly preserves both the available options and the relevant evidence. Perez Mayoral, P.A. represents business owners and partners in disputes throughout South Florida. Our Miami partnership dispute lawyer can review the governing agreement and advise you on the appropriate course of action. Contact us to request an initial case review.
