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Commercial Litigation

Miami Commercial Litigation Attorney

Complex business disputes, financial conflicts, and high-stakes contract litigation across Miami-Dade and 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.
★★★★★4.9 / 5.0
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37+
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
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 commonly 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. See our full Florida Statute of Limitations reference guide for the complete breakdown by case type.
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 generally requires financial records, business projections, and commonly testimony from a qualified financial professional. Lost profits can be the largest category of damages in commercial cases.
Are attorney's fees recoverable in commercial litigation?+
in many cases 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. See our full Legal Terms Glossary for more Florida-particular definitions.
How long do commercial cases commonly 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 generally run 12 to 24 months. Complex commercial cases involving multiple parties, outside professional testimony, and extensive documents can run longer. Strategic decisions early in the case affect how quickly resolution comes.
Do commercial contracts commonly require arbitration instead of court?+
Many do. Commercial contracts commonly 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 commonly include fraud and fraudulent inducement claims alongside breach of contract claims. Fraud claims carry different limitations periods, damages categories (including punitive damages), and proof requirements. The interplay between contract and fraud claims carries weight 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.
Categories of Commercial Disputes

Layers of Commercial Litigation

Commercial cases generally sort into categories, each with a different legal framework, evidentiary focus, and strategic posture. Identifying the category drives discovery scope, motion practice, and remedy selection. The category determines what evidence counts and what relief is realistic.

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.

Financial & Revenue Disputes

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

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

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 in most cases 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 in many cases 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. This is commonly 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 professional 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, which commonly 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. It is commonly paired with money damages claims.

Summary of Florida commercial litigation remedies. Availability depends on the cause of action, contract terms, evidence presented, and the equities of the case.

Litigation Approach

How a Commercial Case Gets Built

Commercial cases reward early investment in case theory, document review, and damages analysis. Whether the case settles or goes to trial, the legal theories, the proof, and the damages model generally have to be developed in the first 60 days for the work to land.

Legal Theory and Claim Selection

Commercial disputes generally 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 carries different elements, damages, and 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 particular documents; weak cases rely on testimony to fill gaps the documents cannot support.

Damages Model and Proof Strategy

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

In Florida commercial cases, the proposal for settlement statute generally determines settlement value more than the underlying merits.

Fee-Shifting and Proposal Strategy

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

Related Practice Areas

Related Civil Matters

Commercial litigation commonly overlaps with other civil litigation areas. Related practices follow different frameworks.

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 commonly 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. Initial consultations are free and confidential, with no obligation to retain. Calling early in a matter in most cases creates more options than calling late.

Client Reviews

What Our Clients Say

Verified Google reviews from clients represented by the firm across Miami-Dade and South Florida. See our full client testimonials page for more.

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Eddy's Dogs aka Eddy's K9 Rescue
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Absolutely recommend this law firm. They handled my case and I was amazed at the attention and information I got. I highly recommend them and will be using their services again.
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Carlos Zaldivar profile picture
Carlos Zaldivar
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Andre is an exceptional lawyer. Andre represented me in a civil case and did an exceptional job when I was told not to bother with a suit. Andre succeeded, and I got my money back. I send all my friends to Andre
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Bob R profile picture
Bob R
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Andre has represented me, my family and friends on several legal matters. He is always available to provide sound, practical advice and more than willing and able to fight for you when necessary. It’s reassuring to have a qualified, experienced lawyer in my corner to protect me and my interests when I need it.

Owner's reply
Bob, thank you. Clients who return and who send their family and friends give me the highest compliment. I’m grateful for your confidence and I’m always here if you need me.
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Phil Glatzer profile picture
Phil Glatzer
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As an attorney, I have often referred my clients to André for legal work that I myself cannot handle and everyone has always been very satisfied with his representation. I highly recommend him.

Owner's reply
Thanks Phil. A referral from a colleague who knows the work means a great deal to me. I take every case you send my way seriously, and I’m glad the clients were well served.
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Pedro Carrera profile picture
Pedro Carrera
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I can always count on him. An honest lawyer.

Owner's reply
Thanks Pedro.
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Gabriel Hernandez profile picture
Gabriel Hernandez
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Extremely quick and efficient . My ticket was handed and I didn’t have to worry about it once. His staff is also super helpful giving multiple updates on the status

Owner's reply
It's great to hear you were pleased. We are happy we were able to take the burden off your shoulders and resolve your issue for you.
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Andrew Varela profile picture
Andrew Varela
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An amazing attorney who gives every case the care and attention it deserves. His attention to detail is exceptional, and it’s clear that he takes pride in his work and truly cares about his clients. I highly recommend him to anyone looking for a dedicated, thorough, and attentive attorney!

Owner's reply
I really appreciate that Andrew. Thank you.
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Daniel Hernandez profile picture
Daniel Hernandez
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I highly recommend this law firm! I had a ticket, and they kept me updated and got it dismissed. Kaylee was my go-to for communication, and Andre is excellent at what he does.

Owner's reply
Thanks Daniel. I am glad we were able to resolve your issue.