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Business Litigation FAQ

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Resolving Business Disputes in Florida’s Courts

Business disputes can be costly, disruptive, and damaging to your company’s reputation. Whether you are a small business owner or a large corporation, understanding your legal rights and options is essential. Our Business Litigation FAQ provides clear answers to help you navigate disputes effectively.

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The Law Offices of Travis R. Walker, P.A. Represents Florida Businesses
Our attorneys have experience representing business owners, entrepreneurs, and corporations in a wide range of commercial disputes throughout Treasure Coast, FL and surrounding areas. We provide aggressive, results-driven advocacy to protect your business interests. Below are frequently asked questions about business litigation in Florida.
Business litigation refers to legal disputes involving businesses and commercial relationships. This includes disputes between businesses, disputes between a business and its customers or vendors, internal disputes among owners or shareholders, and claims involving contracts, intellectual property, employment, and more. Business litigation can be resolved through negotiation, mediation, arbitration, or court proceedings.

Common business disputes handled by our attorneys include:
• Breach of contract claims involving vendor agreements, service contracts, purchase agreements, or partnership agreements
• Business partnership and shareholder disputes, including claims of breach of fiduciary duty
• Non-compete agreement and trade secret disputes
• Employment disputes, including wrongful termination and discrimination claims
• Business fraud and misrepresentation claims
• Collection matters and creditor’s rights
• Construction disputes
• Unfair business practices and tortious interference with business relationships

You may have a valid breach of contract claim when the other party has failed to fulfill a material obligation under a valid contract without legal justification, and you have suffered damages as a result. Before filing suit, it is important to review the contract’s dispute resolution provisions (which may require mediation or arbitration first), calculate your actual damages, preserve all relevant evidence and communications, and evaluate the other party’s ability to satisfy a judgment. An attorney can help you assess the strength of your claim and the best path forward.
A non-compete agreement is a contract in which one party (typically an employee or business seller) agrees not to engage in competitive business activities for a specified period of time and within a specific geographic area. Florida is relatively favorable toward employers regarding non-compete enforcement. Under Florida Statute § 542.335, non-compete agreements are enforceable if they are reasonable in scope, duration, and geographic area, and if they protect a legitimate business interest such as trade secrets, confidential business information, or substantial customer relationships.
Many business disputes can be resolved through negotiation, mediation, or arbitration without the need for costly and time-consuming litigation. Mediation involves a neutral third party who helps the parties reach a voluntary settlement. Arbitration involves a neutral arbitrator (or panel) who hears evidence and renders a binding or non-binding decision. Many business contracts include mandatory arbitration clauses. An attorney can advise you on which dispute resolution method is most appropriate for your situation and represent you effectively in any of these forums.
The damages available in a business dispute depend on the nature of the claim. Common categories of damages include compensatory damages (to put you in the position you would have been in had the contract been performed), consequential damages (lost profits and other foreseeable losses), liquidated damages (if specified in the contract), and in cases of fraud or intentional misconduct, punitive damages may be available. Attorney’s fees may also be recoverable if the contract contains a fee-shifting provision or under certain statutory claims.

Florida’s statutes of limitations for business claims vary depending on the type of claim. Written contracts generally have a 5-year statute of limitations. Oral contracts have a 4-year limitation period. Fraud claims generally have a 4-year limitation period. Other claims, such as those involving certain statutory violations, may have shorter deadlines. It is critical to consult with an attorney as soon as possible to ensure you do not miss the applicable deadline.

Protect your business interests with experienced legal representation. Contact The Law Offices of Travis R. Walker, P.A. today to discuss your business dispute.

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