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Commercial Litigation

Miami CommercialLitigation Attorney

Complex business disputes, financial conflicts, and high-stakes contract litigation across South Florida. Strategic positioning and disciplined preparation drive the outcome.

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Commercial litigation routinely involves attorney-fee provisions and fee-shifting under Florida law. Whether fees are recoverable affects strategy from the first pleading. Cases that succeed are evaluated for fee exposure on day one.
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35+
Years of Practice
Florida Bar member since 1989
1989
Florida Bar Licensed
University of Miami School of Law
State & Federal
Court Admission
SDFL (1991), MDFL (2001)
Boutique
Practice Model
Direct attorney involvement
Three Categories of Commercial Disputes

Three Layers of Commercial Litigation

Commercial cases generally fall into three categories, each with its own legal framework, evidentiary focus, and strategic posture. Identifying the category drives discovery scope, motion practice, and remedy selection. The category determines what evidence matters and what relief is realistic.

01

Complex Contract & Performance

Multi-party agreements, supply contracts, vendor disputes, distribution agreements, and performance-related disputes. UCC Article 2 frameworks apply where goods are involved. Contract terms drive the case.

02

Financial & Revenue Disputes

Disputed invoices, account stated claims, lost profits, business interruption, and contested financial obligations. Damages models, expert testimony, and forensic analysis often define the case value.

03

Multi-Party & Strategic Conflicts

Disputes involving multiple counterparties, related entities, intercompany claims, and conflicts that affect ongoing business relationships. Procedural complexity, joinder, and parallel proceedings drive the strategy.

Critical Filing Deadlines

Three Limitations Periods That Define Commercial Cases

Commercial litigation deadlines vary based on the type of claim. Written contracts have one period; UCC sales transactions have another; fraud claims yet another. Identifying every potential claim and its deadline at the outset preserves all viable theories.

5
Years / Written Contract

Written Commercial Contracts

Breach of a written commercial contract must be filed within 5 years under Fla. Stat. § 95.11(2)(b). The clock typically runs from the date of breach. The most common limitations period in commercial litigation.

4
Years / UCC & Oral

UCC Sales & Oral Contracts

UCC Article 2 sales of goods claims are subject to a 4-year limitations period under Fla. Stat. § 672.725. Oral contracts are also 4 years under Fla. Stat. § 95.11(3)(k). Different from the written contract clock.

4
Years / Fraud Claims

Commercial Fraud

Fraud claims that often run alongside commercial disputes are subject to a 4-year limitations period under Fla. Stat. § 95.11(3)(j) from discovery, capped at 12 years from the act under Fla. Stat. § 95.031.

Available Remedies

Commercial Damages and Recovery Strategy

Commercial cases offer broader damage categories than most civil disputes. Recovery depends on the contract terms, the cause of action, the proof presented, and Florida's fee-shifting framework.

Remedy / Category
Type
When Available
Compensatory DamagesDirect loss
Money
Direct damages flowing from the breach. Designed to put the non-breaching party in the position they would have been in if the contract had been performed. Most common commercial remedy.
Consequential DamagesIndirect loss
Money
Indirect damages including lost profits and business interruption. Must be foreseeable at contracting and proven with reasonable certainty. Often the largest category in commercial cases.
Lost Business ValueDiminished enterprise
Money
Diminished enterprise value where the commercial conduct damaged the business itself, not just a transaction. Requires expert valuation testimony and detailed financial proof.
Liquidated DamagesContract-specified
Money
Pre-agreed damages amount enforceable if reasonable and not a penalty. Florida courts review for reasonableness at contracting and difficulty of calculating actual damages.
Specific PerformanceCourt-ordered performance
Equitable
Court orders performance rather than damages. Available for unique goods, real estate, and where damages are inadequate. Less common in commercial cases than money damages.
Attorney's FeesContract or statute
Fee-shifting
Recoverable when the contract contains a fee provision or a Florida statute provides fee-shifting. Often makes commercial litigation economically viable for smaller claims.
Proposal for SettlementFla. Stat. 768.79
Fee-shifting
Florida's offer of judgment statute. A rejected reasonable offer can shift attorney's fees and costs from the date of the proposal. Strategic tool in commercial cases regardless of contract terms.
Injunctive ReliefEquitable
Equitable
TROs, temporary, and permanent injunctions to halt conduct, preserve assets, or enforce restrictive covenants. Often paired with money damages claims.

Summary of Florida commercial litigation remedies. Not legal advice. Specific availability depends on the cause of action, contract terms, evidence presented, and the equities of the case.

Defense Approach

How a Commercial Case Gets Built

Commercial cases reward early investment in case theory, document review, and damages analysis. The cases that produce strong results, whether through settlement or trial, are the ones where the legal theories, the proof, and the damages model were developed in the first 60 days. Four areas drive the work.

Legal theory and claim selection. Commercial disputes typically support multiple theories: breach of contract, breach of the implied covenant of good faith, fraud, tortious interference, unjust enrichment, and statutory claims under Florida's Deceptive and Unfair Trade Practices Act and other statutes. Each theory has different elements, different damages, and different fee implications. Selecting the right combination at the start drives the case.

Document and financial review. Commercial cases depend on the contract, the operative communications, the financial records, and the documentary timeline. Identifying the key documents and extracting the strongest narrative from them is the foundation of the case. Strong cases match the facts to the legal theory through specific documents; weak cases rely on testimony to fill gaps the documents cannot support.

Damages model and expert strategy. Commercial damages are often where the case is won or lost. Lost profits, business interruption, and diminished enterprise value require expert testimony, accounting analysis, and detailed financial models. The damages model has to be supportable, defensible on cross-examination, and tied to the specific theories pleaded. Inadequate damages proof is the most common reason commercial cases produce smaller recoveries than the facts warranted.

Fee-shifting and proposal strategy. Florida's contract fee provisions and statutory fee-shifting (including Fla. Stat. § 768.79's proposal for settlement) often determine whether a commercial case is economically viable and what settlement value the case actually has. Fee strategy is built into the case from the first pleading, not added at the end.

Common Questions

Frequently Asked Questions

What is the difference between commercial litigation and other civil cases?+
Commercial litigation involves disputes between businesses or relating to business operations: contracts, financial obligations, vendor relationships, and corporate matters. The legal frameworks (UCC, attorney fee provisions, business damages) are often more developed than in other civil cases. The financial stakes and procedural complexity also tend to be higher.
How long do I have to file a commercial dispute in Florida?+
It depends on the claim. Written contracts: 5 years under Fla. Stat. § 95.11(2)(b). Oral contracts: 4 years under Fla. Stat. § 95.11(3)(k). UCC Article 2 sales of goods: 4 years under Fla. Stat. § 672.725. Fraud: 4 years from discovery under Fla. Stat. § 95.11(3)(j). Identifying every potential claim and its deadline at the outset is critical to preserving theories.
Can I recover lost profits in a commercial case?+
Yes, in appropriate cases. Florida law allows recovery of lost profits as consequential damages where they are foreseeable at contracting and proven with reasonable certainty. The proof typically requires financial records, business projections, and often expert testimony. Lost profits can be the largest category of damages in commercial cases.
Are attorney's fees recoverable in commercial litigation?+
Often yes. Florida follows the American Rule, but most commercial contracts include attorney's fees provisions, and many Florida statutes provide fee-shifting. Florida's offer of judgment statute (Fla. Stat. § 768.79) and proposal for settlement procedure can also shift fees regardless of contract terms. Whether fees are recoverable affects strategy from the first pleading.
What is a proposal for settlement?+
A proposal for settlement under Fla. Stat. § 768.79 and Fla. R. Civ. P. 1.442 is a formal settlement offer that, if rejected and the offering party then obtains a more favorable judgment by a specified margin, shifts attorney's fees and costs from the date of the proposal. It is one of the most strategic tools in Florida commercial litigation.
How long do commercial cases typically take?+
Commercial litigation timelines vary considerably. Cases resolved at the motion-to-dismiss or pre-discovery phase may take a few months. Cases that proceed through full discovery typically run 12 to 24 months. Complex commercial cases involving multiple parties, expert testimony, and extensive documents can run longer. Strategic decisions early in the case affect how quickly resolution comes.
Do commercial contracts often require arbitration instead of court?+
Many do. Commercial contracts frequently include arbitration clauses requiring disputes to be resolved through AAA, JAMS, or other arbitration providers rather than court. Whether the arbitration clause is enforceable, what scope of disputes it covers, and whether to challenge or invoke it are early strategic decisions in any commercial case.
Can a commercial dispute include a fraud claim?+
Yes, where the facts support it. Commercial cases often include fraud and fraudulent inducement claims alongside breach of contract claims. Fraud claims have different limitations periods, different damages categories (including punitive damages), and different proof requirements. The interplay between contract and fraud claims matters when one may be time-barred but the other remains viable.
Does the firm handle both plaintiff and defense commercial work?+
Yes. The firm represents both businesses pursuing commercial claims and businesses defending against them. Each side requires different strategy, but the underlying preparation, document review, damages analysis, and disciplined approach to the case is the same.
Do you handle commercial cases outside Miami?+
Yes. The firm handles commercial litigation across South Florida.
Related Practice Areas

Related Civil Matters

Commercial litigation frequently overlaps with other civil litigation areas. Each related practice carries its own framework.

Contract Disputes

Most commercial cases involve underlying contract claims. The contract terms, the breach analysis, and the damages framework drive the case alongside any broader commercial theories.

Learn More →

Business Disputes

Commercial cases often arise from broader business conflicts. Coordinated business and commercial litigation strategy can produce stronger leverage than either approach alone.

Learn More →

Partnership & Shareholder Disputes

Internal commercial disputes between owners, partners, or shareholders involve fiduciary duties, control rights, and corporate-governance frameworks alongside the underlying commercial claims.

Learn More →

Civil Litigation

For commercial matters that span multiple categories or where the case posture requires broader civil litigation strategy alongside the commercial work.

Learn More →
Speak With Andre

Direct attorney access at (305) 774-7000

Commercial disputes resolve faster and on better terms when counsel is engaged early. The first conversation is the right time to assess theories, deadlines, damages, and fee-shifting exposure.

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