Fort Lauderdale Business & Commercial Litigation Lawyer

Business & Commercial Litigation in Florida: What It Covers

Business and commercial litigation is what happens when a dispute between companies, partners, or individuals in a commercial relationship can’t be resolved without a court’s help. It covers everything from a straightforward unpaid invoice to a partnership unraveling over control of the company. And in Florida, the outcome often turns on what the contract actually says, not just what everyone assumed it meant.

At Michael Garcia, P.A., we take an aggressive, no-nonsense approach focused on results, while making sure you understand your options and the costs involved at every step.

Types of Business & Commercial Disputes We Handle

• Breach of contract and commercial agreement disputes
• Partnership, shareholder, and LLC disputes
• Business torts, including fraud and breach of fiduciary duty
• Construction-related business disputes
• Commercial real estate and landlord-tenant disputes
• Municipal and government-related business matters

Who We Represent

• Business owners and executives
• Partners, shareholders, and LLC members
• Contractors, developers, and property owners
• Companies and individuals facing a lawsuit, as well as those bringing one
• Businesses across Broward, Palm Beach, and Miami-Dade counties in need of a fee arrangement they can actually plan around

Deadlines That Can Cost You Your Claim

Florida law puts a hard clock on how long you have to bring a business dispute to court. Wait too long, and a valid claim can be barred entirely, regardless of how strong it is.

Written Contracts — 5 Years

Under Florida Statute §95.11(2)(b), a claim for breach of a written contract generally must be filed within five years of the breach.

Oral Contracts & Open Accounts — 4 Years

Under §95.11(3)(j), a claim on a contract, obligation, or liability not backed by a written instrument, including open accounts and store accounts, generally must be filed within four years.

Fraud & Business Torts — 4 Years

Under §95.11(3)(j), a claim founded on fraud generally must be filed within four years of when the facts giving rise to it were discovered, or should have been discovered, subject to a strict 12-year ultimate cutoff from the date the fraud was committed.

What Happens When You Call Michael Garcia, P.A.

• A free, direct consultation — Michael Garcia personally reviews most new matters, typically in a focused 10-15 minute call.
• A clear-eyed read of your contract and the facts — before anything else, we look at what the agreement actually says and what happened.
• An honest assessment of whether the case is worth pursuing — including whether a contract provision or Florida statute could shift attorney’s fees to the other side.
• A straightforward conversation about cost — we bill hourly, and we explain what that looks like before any work begins.
• Aggressive representation if you retain us — through negotiation, litigation, and trial if it comes to that.

Recovering What You’re Owed: Judgments, Damages & Fees

Winning on paper isn’t the same as getting paid. Michael Garcia, P.A. handles business litigation from filing through judgment enforcement, including:

• Pursuing damages, costs, and prejudgment interest;
• Pursuing attorney’s fees where a contract or statute allows it, including under §57.105(7), which generally converts a one-sided prevailing-party fee clause into a reciprocal one;
• Enforcing judgments against businesses and individuals who don’t pay voluntarily;
• Responding quickly when a matter is time-sensitive or a deadline is closing in.

If You’ve Been Sued: Defending Your Business

Being served with a lawsuit doesn’t mean the claim against you is valid, and Florida law gives you real ways to respond.

Contracts & Agreements: Preventing the Next Dispute

The best litigation is the kind that never has to happen. We help business owners and partners get the paperwork right before a dispute starts, including:

• Reviewing and negotiating commercial contracts and agreements
• Reviewing partnership and operating agreements for gaps that lead to disputes down the road
• Making sure attorney’s-fee and dispute-resolution clauses say what you actually intend
• Flagging risk before a deal is signed, not after it falls apart

When Litigation Isn’t the Only Path Forward

Filing a lawsuit isn’t always the fastest or most cost-effective way to resolve a business dispute. Depending on the facts, we can pursue:

• Direct negotiation toward a settlement
• Mediation, which Florida courts routinely require in commercial cases before trial
• Arbitration, where the contract calls for it
• A demand letter and negotiated resolution before litigation is ever filed