Updated – October 12, 2026
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A business dispute can cost far more than the amount in question once legal fees are counted. Florida courts generally leave each side to pay its own fees unless a contract or a statute says otherwise. That makes the language of a contract, and the rules around sanctions, worth understanding before a dispute starts.
Fee Clauses Change the Stakes
Many commercial contracts include a provision that awards attorney’s fees to the party who wins an enforcement action. Such a clause can make a strong claim more valuable and a weak one more expensive. A party that signs without reading it may agree to pay the other side’s fees without realizing it.
The clause also affects settlement. A defendant facing a fee award has more reason to resolve a clear breach early, and a plaintiff with a doubtful claim has more reason to think twice.
Fee Fights Arise in Several Kinds of Disputes
Contract disputes are the most common source of fee fights. A Tampa contract dispute can involve late payments, scope disagreements, or alleged defaults, and each theory carries its own proof requirements.
Larger cases may involve several claims at once. Matters handled as Tampa commercial litigation often combine breach, fraud, and tort theories, so the fee analysis must account for each claim.
Disagreements among owners or partners follow a similar pattern. A Tampa business dispute among co-owners may turn on a written operating agreement, and its fee terms deserve the same attention as any other contract.
Florida Makes One-Sided Fee Clauses Work Both Ways
Under Florida Statutes section 57.105, when a contract allows attorney’s fees to a party who takes action to enforce it, the court may also allow reasonable fees to the other party when that party prevails in any action on the contract, whether as plaintiff or defendant. A clause written to protect only one side can therefore protect both.
That rule matters for lenders, landlords and vendors who draft agreements in their own favor. It also matters for the smaller party, which may recover fees after defeating a claim.
Sanctions Apply to Unsupported Claims
The same statute allows a court to award reasonable fees and prejudgment interest when a losing party or its attorney knew or should have known that a claim or defense lacked material factual support or would not succeed under existing law. The award is shared between the losing party and the attorney.
This provision is a reminder that litigation requires a factual basis from the outset. Claims filed to pressure a counterparty can create exposure for the party that files them.
Contract Terms to Review Before a Dispute
A careful review of an agreement can prevent surprises. Terms that deserve attention include:
- Whether a fee clause exists and which party it benefits
- The venue and governing-law provisions
- Notice and cure requirements that must be satisfied before suing
- Dispute resolution steps such as mediation or arbitration
- Deadlines for giving notice of a claim
Common drafting problems fall under business contract mistakes, and a short review at signing can avoid expensive disagreements later.
How Fee Rules Shape Strategy
Fee exposure influences whether to sue, how to plead, and when to settle. A business weighing a claim should compare the likely recovery against the cost of pursuing it, and should consider whether the contract allows the winner to recover fees.
A Tampa business litigation lawyer can review the agreement and estimate that exposure before a demand letter or a complaint goes out.
Pursuing and Defending Breach Claims
Whether a party is the plaintiff or the defendant, the first step is to read the contract and gather the correspondence. Understanding breach of contract claims helps a party see what must be shown and what defenses may apply.
People searching for a Tampa business litigation lawyer often arrive after a demand letter or a missed payment, and the fee provisions are frequently the first thing worth examining.
Experience in Commercial Disputes
Chemere Ellis, PLLC represents businesses, professionals, and institutions in commercial and business litigation. Attorney Chemere Ellis is admitted in Florida and New York and serves as co-chair of the Securities Law Section of the Hillsborough County Bar Association.
A fee clause is easiest to evaluate before a dispute escalates, and a Tampa business facing a contract disagreement can reach out to the firm to review the agreement and the options.
