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Miami, FL - Broward, FL
- Orlando, FL
- Palm Beach, FL
- Tampa, FL
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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.
Breach of Contract
Miami Breach of Contract Attorney
Perez Mayoral, P.A. is a successful business litigation practice in Miami and South Florida. Breach of contract cases in Miami can be complicated and costly so it is critical to work with a lawyer who is both knowledgeable about contract law and skilled at contract litigation. Our attorneys have considerable experience handling breach of contract claims and a track record of successful outcomes. If your business is troubled by another party’s failure to fulfill their contractual obligations, contact us now to explore your legal options.
How Our Miami Breach of Contract Attorneys Can Help
We have proven strategies to engage in sharp negotiations with opposing attorneys and to win at trial. Though we try to avoid the delays and costs inherent in litigation, we are always prepared to take your case to court. We will work tirelessly to enforce the contract and/or recover damages for you.
What Breach of Contract Means in Miami
A contract is a legally binding agreement between two or more parties in which one party makes an offer that is accepted by the other in exchange for something of value. A breach of contract involves the failure to perform the terms of the contract by the defendant and the resulting damage to the plaintiff’s business or interests. Such a breach allows the plaintiff to sue for damages.
How Perez Mayoral, P.A. Helps Businesses as a Law Firm
Proving a Breach of Contract Claim
In order to negotiate an appropriate settlement or to win you damages in court, our Miami breach of contract attorneys must prove the following:
- A valid and enforceable contract exists between you and the other party (parties)
- You (the plaintiff) have performed your contractual obligations
- The other party (the defendant) has failed to satisfy their contractual obligations
- You have sustained actual damages (e.g. monetary loss) as a direct result of the other party’s breach
Our legal team is known for efficiency and integrity. We will collect evidence that the contract in question has been breached and fight vigorously to obtain the damages you deserve.
Types of Breaches of Contract
There are several types of breaches of contract, including:
Minor breach
A minor breach occurs when one party fails to perform a relatively inconsequential part of the contract, one that does not prevent the parties from fulfilling their remaining obligations under the contract. While irritating and inconvenient, a minor breach does not usually entitle the plaintiff to sue for damages, and any litigation would be too costly to be practical.
Material breach
A material breach, on the other hand, is considerably more serious, involving as it does [1] an adverse effect on the plaintiff to the extent that their obligations cannot any longer be fulfilled and [2] damages to the fabric of the contract as a whole. Parties harmed by material breaches are legally allowed to stop keeping up their end of the bargain and sue for damages.
Anticipatory breach
As its name suggests, an anticipatory breach occurs when one party, often the contractor, makes a preemptive strike, through words or actions, at the validity of the contract, indicating that they do not intend to honor the contract by fulfilling their obligations under it. In such situations, the party who has not breached the contract should mitigate their damages by ceasing to meet contractual obligations. If the plaintiff could have avoided damages without risk, the court will not allow that party to recover damages.
Bad faith
Those who sign business contracts are expected to behave honestly and fairly, i.e. in good faith. A party who fails to do so, while not violating an actual provision of the contract, undermines the intent of the agreement. A bad faith breach nearly always applies to insurance disputes and may sometimes be successfully litigated.
Whatever type of breach of contract you have experienced, contacting our capable Miami and Miami-Dade County contract attorney will stand you in good stead. We will protect your rights and fight aggressively to see to it that your best interests are served.
What You Stand to Win in a Breach of Contract Lawsuit
With our strong Miami and Miami-Dade County breach of contract lawyers at the helm, you stand to win both damages and other remedies through litigation. The particulars vary according to the unique circumstances of your case, but may include:
- Compensatory damages to restore you to the financial position you would have been in if the breach had never occurred
- Consequential damages to compensate you for future losses that can reasonably be foreseen as a result of the breach (e.g. lost business)
- Liquidated damages to provide you with the amount of money from the defendant that each of you agreed to pay if they breached the contract
In addition to the damages above, there may be other legal remedies available to you if your contract has been breached by the other party, including:
- Specific performance is when the breaching party is required to fulfill their contractual obligations by performing actions covered by the contract, typically when monetary damages are not considered sufficient by the court
- Rescission is when the court invalidates the contract and returns the parties to the position they were in prior to signing the agreement. Rescission is only typically granted when the non-breaching party has no other adequate remedy, but cannot obtain damages.
As you can see, a breach of contract is more complicated than it may seem. The effective, efficient services Perez Mayoral can provide may prove invaluable, both in terms of simplifying your course of action and in terms of resolving the problem in your favor.
Contact Our Miami Breach of Contract Attorneys for Strong Legal Representation
A contract is something like a promise. When it is breached, your faith in the stability of business interactions may be shaken. Contact us so we can renew your sense of equity and justice.
The experienced contract attorneys at Perez Mayoral, P.A. helps residents all throughout Miami, Miami Beach, Miami-Dade County, and South Florida with their breach of contract questions and needs.
Florida Business Law And Commercial Litigation FAQs
Our Florida business law and commercial litigation lawyer knows that business disputes can happen at any stage, whether you’re starting a company, managing daily operations, or winding down a partnership. When these disagreements affect contracts, property, or financial obligations, they can impact your bottom line. Knowing when to work with a business or commercial litigation lawyer can help protect your interests and keep your operations on track. We represent clients throughout Florida, including Miami Beach, Miami-Dade County, and South Florida, so give us a call today.
What Is Considered A Contract Dispute In A Business Setting?
A contract dispute happens when two or more parties disagree on the terms, responsibilities, or performance outlined in a legally binding agreement. This could involve disagreements over payment, delivery timelines, service quality, or interpretation of specific clauses. In many cases, a written contract is the starting point for resolving the issue, but verbal agreements can also lead to disputes.
When Should A Business Lawyer Get Involved In A Contract Dispute?
It’s best to involve a Florida business law and commercial litigation lawyer early if a dispute could affect your operations, finances, or reputation. A lawyer can review the contract, explain your rights and obligations, and help you decide whether to pursue negotiation, mediation, or legal action. Early legal involvement often helps you address problems before they escalate.
What Steps Should We Take Before Pursuing Litigation?
Before heading to court, businesses often try to resolve disputes through direct negotiation or mediation. This involves discussing the issues with the other party to find a mutually acceptable solution. You’ll want to gather all relevant documents, emails, and records related to the agreement. Having organized evidence can help your lawyer present a stronger case if litigation becomes necessary.
Can Contract Disputes Impact Long-term Business Relationships?
Yes, contract disputes can strain or even end business relationships. While it’s important to protect your legal rights, it’s also worth considering how the dispute’s resolution could affect ongoing partnerships. Some companies choose to settle disputes privately to preserve relationships, while others decide that ending the relationship is the better long-term decision.
What Types Of Damages Can Be Recovered In A Contract Dispute?
Damages in a contract dispute can include compensation for direct financial losses, costs incurred due to the breach, and sometimes lost profits. In certain situations, a court may also require the breaching party to fulfill their original obligations under the contract. The type and amount of damages depend on the contract’s terms and the specific facts of the case.
At Perez Mayoral, P.A., we work with business owners to address contract disputes in ways that protect their interests and support their goals. Whether your situation calls for negotiation, mediation, or court action, our team is here to help you take the right steps toward a resolution. With 24/7 live call answering, we are here to put your mind at ease. If your business is facing a contract dispute or you need guidance on preventing future conflicts, contact our Florida business law and commercial litigation lawyer today so we can help you address the matter with clarity and confidence.
