Tag: Broward County

Before you have a complicated commercial dispute arise, you need to have the commercial litigation attorneys from Reinfeld & Cabrera’s Coral Springs office on your side. We will represent your interests in the courtroom, if necessary, or even during negotiations. Most litigation can be headed off by having your commercial contracts properly reviewed before signing them.

We are experienced commercial litigation attorneys and we will deliver a comprehensive approach to representing you, even in the most complex commercial issues. In today’s competitive business world, you need commercial litigation attorneys who will protect your rights and interests, and you will find us in our Coral Springs office.

You don’t want to be caught in a business dispute without having commercial litigation attorneys to represent you. Reinfeld & Cabrera’s Coral Springs office attorneys will make sure they contribute to your company’s success by providing sound and beneficial advice, guiding you through Florida’s commercial and business laws.

Whether you are looking to form a business partnership or limited liability, or draft partnership, shareholder, or operating agreements, our commercial litigation attorneys in Coral Springs will bring their knowledge and experience to the table. We can also help you with collections of account receivables, any breaches of contract, contract negotiation and preparation and sales disputes and litigations.

We have experience representing all sized business, so it does not matter if you are a new start-up or a well-established multinational corporation, our commercial litigation attorneys in Coral Springs will be able to provide appropriate and valuable counsel.

So whether you are an entrepreneur looking to establish and build your company, or need help resolving a commercial dispute involving your already established company, we are the commercial litigation attorneys for you.

Commercial litigation in Florida may be necessary when a business suffers a significant breach of contract, faces an unresolved ownership dispute, or needs court intervention to protect its legal rights. Before filing a lawsuit, business owners should assess whether litigation is justified by examining:

• The legal claim: Whether the other party breached an enforceable agreement or violated a legally protected right.
• The available evidence: Whether contracts, financial records, and communications support the claim.
• The potential recovery: Whether the damages a business can reasonably recover justify the expense of litigation.
• The available alternatives: Whether negotiation, mediation, or another dispute-resolution process could achieve a satisfactory result.
• The applicable deadlines: Whether the claim can still be filed within the relevant statute of limitations.

For businesses in Coral Springs and Broward County, evaluating these factors early can help prevent avoidable legal expenses and protect business interests. A commercial litigation attorney can assess the circumstances and explain which legal options may be appropriate.

When Should a Business Consider Commercial Litigation in Florida? 

A business should consider commercial litigation in Florida when a serious dispute cannot be resolved through negotiation and legal action may be necessary to enforce its rights or recover losses. Before filing a lawsuit, business owners should evaluate several factors:

• Legal grounds: Does the dispute involve a potential breach of contract, a business ownership conflict, or another actionable claim?
• Evidence: Can contracts, financial records, and communications substantiate the claim?
• Financial exposure: Is the potential recovery sufficient to justify the cost and uncertainty of litigation?
• Alternative solutions: Could negotiation, mediation, or arbitration resolve the dispute more efficiently?
• Filing deadlines: Is there still time to bring the claim under the applicable Florida statute of limitations?

For businesses in Coral Springs and Broward County, evaluating these factors early can help protect commercial interests and prevent avoidable legal expenses. A commercial litigation attorney can assess the circumstances and explain which legal options may be appropriate.

Why Commercial Litigation Matters to Small Businesses

The financial stakes of business litigation deserve serious attention. A legal dispute can consume resources that a smaller company needs for payroll, inventory, or daily operations. Poor decisions before filing a claim can make the situation worse.

A January 2024 report from the U.S. Chamber of Commerce’s Institute for Legal Reform estimated that U.S. commercial liability costs reached $347 billion in 2021. Small businesses bore approximately $160 billion of that amount. The report also estimated that, relative to revenue, these costs were seven times greater for businesses earning $1 million or less annually than for businesses earning at least $50 million.

Source: U.S. Chamber of Commerce, The U.S. Lawsuit System Costs America’s Small Businesses $160 Billion.

A separate report published in November 2024 estimated that the U.S. tort system accounted for $529 billion in costs and compensation during 2022. For Florida, the report estimated total tort costs of approximately $48.18 billion. It also reported average annual tort-cost growth of 8.7% for business cases nationwide between 2016 and 2022.

Source: U.S. Chamber of Commerce, The Hidden Costs of Lawsuits Continue to Grow.

These figures require an important distinction. Both reports examine tort-related costs, which are not equivalent to the cost of ordinary commercial contract litigation. They do not establish what a particular business lawsuit will cost or how often a contract dispute ends in court. The figures nevertheless illustrate the broader financial exposure that legal disputes can create for businesses.

For a company in Coral Springs, the practical lesson is to assess a potential claim carefully before spending heavily on litigation. A strong legal position matters, but the likely recovery must justify the expense and uncertainty of pursuing it.

When Should a Business Consider Commercial Litigation?

The decision to file a commercial lawsuit depends on the nature of the dispute and the available legal remedies. Several situations may justify a closer assessment by a commercial litigation attorney.

1. A Contractual Breach Has Caused Substantial Losses

A breach of contract occurs when a party fails to perform an obligation required by an enforceable agreement, without a valid legal excuse. Examples include a supplier refusing to deliver goods, a contractor abandoning agreed work, or a customer failing to pay for completed services.

The existence of a disagreement does not automatically establish a breach. The agreement’s language matters, as do any conditions that had to be satisfied before performance became due.

A business considering litigation should identify the specific contractual obligation at issue. It should then assess whether the other party failed to meet that obligation and what losses can be supported by evidence.

Case example: Chetu, Inc. v. CA Short Company (2026)

In this case, the Fourth District Court of Appeal considered a software services contract that expressly excluded certain categories of damages. After the software provider stopped performing, the customer incurred costs to complete the project using other programmers. Although the trial court awarded those replacement costs, the appellate court reversed the $95,505.42 award because the contract barred the consequential damages at issue.

The decision demonstrates why businesses should review limitation-of-liability clauses before signing an agreement and again when a dispute arises. A company may suffer genuine financial losses yet remain unable to recover particular categories of damages because of its contract.

Read the decision: Chetu, Inc. v. CA Short Company, No. 4D2024-2977 (Fla. 4th DCA Apr. 1, 2026).

2. A Business Partnership Dispute Has Become Unmanageable

Disagreements between business owners can become difficult to resolve when the parties disagree over financial obligations or control of the company. A dispute may involve access to business records, the distribution of profits, or the interpretation of an operating agreement.

Some disagreements can be resolved through negotiation or mediation. Litigation may become necessary when one party refuses to honor an enforceable agreement or when court intervention is needed to determine legal rights.

Case example: McDowell v. Moore (2026)

The Fourth District Court of Appeal reviewed a dispute involving the compensation arrangements of a former owner of a water sports business. The parties had discussed commission payments, but they never finalized a specific commission schedule. The court’s decision addressed the enforceability of the compensation arrangement in the context of the broader business relationship.

The case illustrates the risks of leaving essential financial terms unresolved. An agreement may describe the parties’ intentions without providing a sufficiently definite basis for enforcing a particular payment obligation.

Read the decision: McDowell v. Moore, No. 4D2023-2783 (Fla. 4th DCA May 6, 2026).

3. Informal Negotiations Have Failed

Negotiation is often a sensible first step when a dispute arises. The parties may be able to agree on payment terms, revised performance obligations, or another solution without filing a lawsuit.

However, negotiation has limits. A business may need to consider litigation when the other party refuses to engage meaningfully or continues conduct that threatens its contractual rights.

Before filing, an attorney can evaluate the available evidence and determine whether a formal demand, mediation, arbitration, or court action is the most appropriate next step.

A demand letter can sometimes resolve a dispute before litigation begins. For a closer look at that option, see our article on how a demand letter can resolve business disputes without going to court.

4. A Business Needs Court Intervention

Some disputes involve rights or remedies that cannot be secured through an informal agreement alone. Depending on the facts and applicable law, a business may seek a court order, a determination of contractual rights, or monetary damages.

The appropriate remedy depends on the claim. A court will not automatically grant the relief a business requests simply because the relationship has deteriorated.

An attorney should evaluate the legal basis for the requested remedy before a company commits to a lawsuit. This assessment is particularly important when the dispute could affect business operations or involve substantial financial exposure.

What Should You Do Before Filing a Commercial Lawsuit?

Preparation can influence how effectively a business pursues its claim. Before filing a lawsuit in Broward County, business owners should consider the following steps.

Preserve Relevant Documents and Communications

Keep copies of the signed contract and any amendments. Emails, invoices, payment records, meeting notes, and messages may help establish what the parties agreed to do and whether either side failed to perform.

Avoid deleting relevant communications or altering business records after a dispute emerges. An attorney can explain which documents should be preserved and how to organize the evidence.

Review the Contract Carefully

The agreement may contain provisions governing dispute resolution, notice requirements, attorney’s fees, damages, or the location where a lawsuit must be filed.

These provisions can affect the available options. For example, a contract may require mediation or arbitration before a party can pursue other remedies. A limitation-of-liability clause may also restrict the damages available after a breach.

The terms should be reviewed in the context of the actual dispute rather than treated as boilerplate.

Calculate the Potential Financial Recovery

A business should estimate the losses it can reasonably establish rather than rely on its initial assessment of what the dispute has cost. Unpaid invoices, documented expenses, and other recoverable losses may be relevant, depending on the claim and applicable law.

The analysis should also account for legal fees, litigation expenses, the time required from employees or owners, and the possibility that the other party will be unable to pay a judgment.

A claim can have legal merit without being economically sensible to pursue in court.

Assess the Other Party’s Position

A business should consider the defenses the other party may raise. The opposing party might dispute the existence of an agreement or argue that it performed its obligations. It may also claim that the business failed to meet a contractual condition.

Identifying these issues early helps an attorney assess the strengths and weaknesses of the case. It can also clarify whether a negotiated resolution would be preferable to litigation.

Check the Applicable Deadline

Florida law imposes deadlines for filing civil claims. Under section 95.11 of the Florida Statutes, the general limitation period is five years for many actions founded on a written instrument and four years for many actions on contracts or obligations not founded on a written instrument. Exceptions and other rules can affect the applicable deadline.

The period may depend on the type of claim, the date the cause of action accrued, and other facts. Businesses should not assume that every contract dispute follows the same deadline.

Review Florida Statutes § 95.11.

Can a Business Resolve a Dispute Without Going to Court?

Yes. Litigation is one option, but it is not always the most effective way to resolve a commercial disagreement.

Negotiation allows the parties to communicate directly and explore a settlement. Mediation introduces a neutral third party who helps them work toward an agreement, although the mediator generally does not impose a decision. Arbitration involves submitting a dispute to an arbitrator for a decision under the applicable arbitration agreement and rules.

The best option depends on the contract and the nature of the conflict. A business should review any dispute-resolution clause before choosing a process.

Settlement also requires careful drafting. In Trace Elements, Inc. v. Mackensen (2026), the Florida Supreme Court held that a joint proposal for settlement must allocate the amount and terms attributable to each party under Florida Rule of Civil Procedure 1.442(c)(3). The ruling underscores the importance of following procedural requirements when a settlement proposal could affect a party’s entitlement to attorney’s fees.

Read the decision: Trace Elements, Inc. v. Mackensen, No. SC2024-1274 (Fla. July 2, 2026).

A settlement proposal should therefore be evaluated as a legal document, not merely as a figure offered to end a disagreement. Depending on the circumstances, the wording and structure of an offer can have consequences beyond the immediate negotiations.

For more information, read our related article on negotiation, mediation, and arbitration for Florida businesses.

How Can a Commercial Litigation Attorney Help?

A commercial litigation attorney can evaluate whether the facts support a legal claim and explain the remedies that may be available. The attorney can also review the contract, assess the evidence, and identify issues that could affect the outcome.

Legal guidance may be useful before a lawsuit is filed. Early review can help a business understand its position and avoid decisions that weaken its case.

If litigation becomes necessary, counsel can prepare the pleadings and develop a strategy for presenting the claim. The process may involve exchanging evidence, taking depositions, participating in mediation, or presenting the dispute at trial.

The appropriate strategy depends on the dispute. Some cases turn on the interpretation of a written agreement, while others require a closer examination of business records or witness testimony.

As Stuart Reinfeld explains:

“A business dispute should be evaluated in light of the agreement the parties actually made, the evidence available, and the remedy the law permits. Acting before those issues are clear can make an already difficult situation more expensive.”

The goal is to make informed decisions at each stage of the dispute. A lawsuit should serve a defined legal and business purpose rather than become an automatic response to a disagreement.

Commercial Litigation in Coral Springs and Broward County

Businesses in Coral Springs and throughout Broward County may face disputes involving unpaid contractual obligations, ownership disagreements, or failed commercial transactions. The appropriate response depends on the legal rights involved and the practical consequences of leaving the dispute unresolved.

An attorney familiar with commercial disputes can help assess the merits of a potential claim and explain the available routes to resolution. That assessment should account for the agreement’s terms, the evidence supporting the claim, and the financial implications of pursuing legal action.

Alan Reinfeld notes:

“The decision to pursue a business dispute should begin with a clear understanding of what went wrong and what a successful resolution would accomplish. The legal process is most useful when it serves a realistic objective.”

If your business is facing a commercial dispute in Coral Springs or elsewhere in Broward County, consider obtaining legal advice before taking steps that could affect your position.

Contact My Personal Attorneys to discuss your situation and determine what legal options may be available.

Frequently Asked Questions About Commercial Litigation in Florida

What is the most common reason for commercial litigation?

• Contract disputes are a major category of commercial litigation. These cases can involve unpaid invoices, disagreements over performance, or disputes about the meaning of a contractual provision. The specific grounds for a lawsuit depend on the facts and applicable law.

How do I know whether my business should file a lawsuit?

• Consider whether you have an enforceable legal claim and evidence supporting it. You should also assess the potential recovery against the expected cost of litigation. An attorney can help evaluate these issues before you decide how to proceed.

How long do I have to file a commercial lawsuit in Florida?

• The deadline depends on the claim. Many actions founded on a written instrument have a five-year limitation period, while many actions on contracts not founded on a written instrument have a four-year period under Florida Statutes § 95.11. Exceptions may apply, so the deadline should be confirmed for the specific dispute.

Can a commercial dispute be resolved without litigation?

• Yes. Negotiation or mediation may produce a settlement without a court proceeding. Arbitration may also be available or required under the contract. The appropriate process depends on the agreement and the parties’ willingness to resolve the matter.

What evidence is important in a commercial litigation case?

• The relevant evidence depends on the dispute. A case may require the signed contract, invoices, payment records, emails, or other communications showing what the parties agreed to do. Financial records may also help establish the losses a business claims.

Can a business recover attorney’s fees in a commercial lawsuit?

• Sometimes. Recovery may depend on a contractual provision, a statute, or another applicable legal basis. Florida’s offer-of-judgment framework can also affect attorney’s fees in qualifying cases, but its requirements must be satisfied. Businesses should not assume that the losing party will automatically have to pay the winner’s legal fees.

Should I send a demand letter before filing a lawsuit?

• A demand letter may help explain the legal basis of a claim and give the other party an opportunity to resolve the dispute. Whether it is advisable depends on the contract, the urgency of the situation, and any applicable notice requirements. A lawyer can help determine whether a demand letter is an appropriate first step.