Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Commercial litigation covers legal disputes that arise out of business activities. In Tacoma, Washington, commercial litigation commonly involves disputes between businesses, between businesses and individuals, or among business owners and partners. Typical matters include breach of contract, partnership and shareholder disputes, business torts such as fraud or unfair competition, lease and real estate disagreements, construction claims, collections, and disputes over intellectual property or trade secrets. Cases can be resolved in Pierce County Superior Court, in federal court when federal questions or diversity jurisdiction apply, or through alternative dispute resolution processes such as mediation and arbitration.
Commercial litigation can be complex, fact-intensive, and costly. Hiring an experienced lawyer can protect your legal rights, preserve evidence, and improve the chance of an efficient and favorable outcome. Common situations when you may need a lawyer include:
- Breach of contract where the other party refuses to perform or pay.
- Partnership, LLC, or shareholder disputes over management, distributions, or fiduciary duties.
- Allegations of fraud, misrepresentation, or unfair business practices.
- Nonpayment or collection matters involving significant accounts receivable.
- Construction or real estate disputes involving contractors, leases, or liens.
- Enforcement or defense of noncompete, confidentiality, or trade secret claims.
- When a contract contains an arbitration clause or complex choice-of-law issues.
- If you face an urgent need for injunctive relief, such as a temporary restraining order to stop wrongful conduct.
Even if a dispute seems small, early legal advice can prevent procedural mistakes, help with pre-suit settlement negotiations, and ensure you do not miss statute-of-limitations deadlines.
Commercial disputes in Tacoma are governed by a combination of federal law, Washington state law, and local rules. Key points to understand include:
- Court venues - Most state-level business disputes are filed in Pierce County Superior Court. Federal cases go to the U.S. District Court for the Western District of Washington. Choice of venue and jurisdiction affect procedure and potential remedies.
- Statutes of limitations - Washington statutes set time limits for different causes of action. Many business torts and oral contract claims commonly have shorter limitation periods than written contract claims. Prompt action is important to preserve rights.
- Contract law and the UCC - Washington follows common law contract principles and has adopted the Uniform Commercial Code for sales of goods and other commercial transactions. Contract terms - such as liquidated damages, indemnity clauses, choice-of-law, and arbitration provisions - are critically important.
- Business entity law - Disputes among owners or managers involve Washington statutes governing corporations, limited liability companies, and partnerships, and may raise issues like fiduciary duty and statutory remedies.
- Consumer and unfair practices - The Washington Consumer Protection Act and other state statutes provide remedies for deceptive or unfair business practices. These laws can affect businesses and provide avenues for recovery in certain circumstances.
- Local rules and procedures - Pierce County Superior Court and the federal district court each have local rules that govern filings, discovery practices, civil calendars, and alternative dispute resolution procedures. Many courts encourage or require mediation before trial in civil cases.
- Enforcement tools - Remedies in commercial cases may include damages, specific performance, injunctive relief, liens, attachment, turnover orders, and post-judgment collection tools such as garnishment and writs of execution.
Commercial litigation includes disputes arising from business transactions and relationships - for example, breach of contract, partnership or shareholder fights, trade secret theft, business torts like fraud or interference with business relationships, construction claims, landlord-tenant and lease disputes involving commercial property, and complex collection matters.
You should consult a lawyer as soon as a dispute arises or when you receive a demand letter, lawsuit, or notice threatening legal action. Early counsel helps preserve evidence, analyze contractual remedies, calculate damages, and evaluate settlement or ADR options. If an emergency remedy such as a temporary restraining order may be needed, immediate legal help is critical.
Costs vary widely based on case complexity, claims, the need for expert witnesses, and whether the matter goes to trial. Most commercial litigators bill hourly, but some cases may be handled on contingency or alternative-fee arrangements for qualifying matters. Expect additional costs for court filing fees, deposition expenses, expert reports, and discovery. Ask attorneys for fee estimates and possible budgets during the initial consult.
Yes. Many commercial disputes are settled through negotiation, mediation, or arbitration long before trial. Courts and contracts frequently require or encourage ADR. Mediation is a common way to reach a voluntary settlement. Arbitration may be binding depending on your contract terms. Trial is often the last resort when settlement is not possible.
Arbitration clauses require disputes to be resolved by an arbitrator rather than a court. These clauses can limit public litigation and discovery and often impose different rules and timelines. While arbitration can be faster and more private, it can also limit appeal rights. Courts generally enforce valid arbitration clauses subject to state and federal arbitration law.
There is no one-size-fits-all answer. A straightforward case that settles early might conclude in a few months. Complex litigation involving extensive discovery, multiple parties, and expert testimony can take a year or more, and trials and appeals can extend the timeline further. Timelines are influenced by court schedules, the parties' willingness to negotiate, and case complexity.
Immediately implement a litigation hold - stop routine deletion of emails, documents, and electronic data relevant to the dispute. Preserve contracts, invoices, communications, financial records, text messages, and any documentary or electronic evidence. Document events and witnesses, and notify key personnel to retain relevant materials. Preserving evidence early strengthens your position and reduces risk of sanctions.
Statutes of limitations set the deadline for filing suit. Different causes of action have different limitation periods, often ranging from three to six years for common commercial claims in Washington. Filing after the deadline generally bars recovery, so consult an attorney promptly to determine applicable deadlines and tolling rules.
Recovery of attorney fees depends on statute, contract, or equitable principles. Many business contracts include fee-shifting provisions that allow the prevailing party to recover attorney fees. Certain statutes also permit fee recovery for specific claims. Without a contractual or statutory basis, each party typically bears its own attorney fees in the United States.
Look for attorneys with specific experience in commercial litigation and familiarity with local courts and judges. Consider their trial experience, track record with similar disputes, credentials, client references, and how they communicate about costs and strategy. Ask about the team that will work on your matter, expected timelines, and whether they use early case assessment and ADR to pursue efficient resolutions.
Below are types of local resources and organizations that can help you find information and legal assistance in Tacoma:
- Pierce County Superior Court - the state trial court that handles most civil and commercial cases locally.
- U.S. District Court for the Western District of Washington - federal venue for business cases involving federal law or diversity jurisdiction.
- Washington State Legislature publications and state statutes - sources for state law governing contracts, business entities, and limitations.
- Washington State Bar Association - resources to find and vet lawyers, and information on professional conduct and fee arrangements.
- Tacoma-Pierce County Bar Association - local bar association with lawyer referral services and community information.
- Washington Secretary of State - Corporations Division - records and filings for businesses, which are often relevant in ownership and entity disputes.
- Washington State Attorney General - for matters involving consumer protection or deceptive business practices.
- Local law libraries and clerk offices - for court rules, local procedures, and self-help resources for non-lawyers.
If you are facing a commercial dispute in Tacoma, consider the following practical steps:
- Gather documentation - collect contracts, invoices, emails, accounting records, and any other documents that relate to the dispute.
- Preserve evidence - institute a litigation hold and stop routine destruction of emails and files that could be relevant.
- Calculate damages and objectives - determine what outcome you want - payment, specific performance, injunctive relief, or a business relationship reset - and estimate likely damages or losses.
- Seek an initial consultation - contact a qualified commercial litigator in Tacoma to evaluate your case. Ask about experience, likely timeline, fees, and potential strategies including ADR.
- Consider a pre-suit demand - in many cases a well-drafted demand letter can prompt settlement without formal litigation, but discuss this with your attorney first.
- Act before limitation deadlines - determine and respect any applicable statute of limitations so you do not lose the right to sue.
- Prepare for costs and alternatives - discuss with your lawyer how to manage legal costs, whether insurance coverage is available, and whether mediation or arbitration is advisable.
Note - This guide provides general information and is not a substitute for legal advice. For advice specific to your situation, consult a licensed attorney who can assess the facts, applicable law, and procedural deadlines in Tacoma and Washington state.
