Commercial Litigation Funding for Businesses

When another business breaks a contract, infringes your IP, or refuses to pay what it owes, the claim can be strong and still go nowhere. The reason is usually cost. Suing over a broken contract, patent or trademark infringement, an insurance denial, or a partnership dispute means months or years of attorney time, discovery, and experts before anyone pays you.

Your business has a strong claim and the other side can outspend you. Submit the claim for a free review. If it fits, we can fund the case on a non-recourse basis, and funding is repaid only from a recovery.

Quick note: Darkwell funds legal claims. We’re not a law firm and this isn’t legal advice. Talk with a licensed attorney in your state about your claim and your deadlines.

Strong business claim, and legal costs are the holdup? Request a free claim review.

Why good business claims get dropped

Litigation is priced by the hour, and it takes a long time. Lawyers who handle contract matters bill an average of $373 an hour, and corporate litigation averages $461 an hour, according to Clio’s Legal Trends data (2025 figures). In federal court, the median time from filing to a civil trial was 33.7 months for the 12 months ending June 30, 2026, per the U.S. Courts caseload profile.

Those numbers add up. A National Center for State Courts study reported a median cost of $91,000 to take a contract case through trial, based on a 2012 survey of trial lawyers. In a related survey summarized by IAALS at the University of Denver, experienced trial lawyers said they regularly turn away cases that aren’t cost-effective, and the median threshold they cited was $100,000 in controversy.

So a business with a real claim can end up choosing between paying for a long fight or writing the money off. For a fuller breakdown, read How much does it cost to sue a business for breach of contract?

What Darkwell does

We help carry the cost. Darkwell funding helps pay for the case, so your operating cash stays in your business.
We work with your attorney. If you already have counsel, we can work with your current attorney where it fits.
Your attorney handles the law. We don’t run your case or tell you what legal strategy to use. Your attorney does that.
You get a clear decision. A claim review tells you whether funding makes sense for your claim, so you can decide with real information.

How commercial litigation funding works

Send us the claim. Share the contract, invoices, key emails, and a short summary of what happened.
We review it. We look at the documents, the amount, where the case stands, and whether the other side can pay a judgment.
Funding under a written agreement. If it fits, Darkwell funding helps carry the legal costs on a non-recourse basis. Your licensed attorney runs the case.
Recovery. Funding is repaid only from a recovery. If the claim is won or settled, our fee comes out of the recovery under your written agreement.

Four steps of commercial litigation funding from claim review to recovery

Claims that may fit

Commercial litigation funding is built for claims a business holds against another business or organization. Examples:

Unpaid contracts and breach of contract. The other side took the benefit of the deal and didn’t pay or didn’t perform.
Patent and trademark infringement. A competitor using your patented technology or trading on your mark. See patent and trademark litigation funding.
Insurance denial and bad faith. An insurer that denied or underpaid a covered business claim. See insurance bad faith funding.
Unpaid invoices from other businesses. Large balances a customer or client refuses to pay.
Vendor and supplier disputes. Goods or services delivered, payment withheld, or a supplier that failed to deliver.
Partnership and joint-venture disputes. Money owed between business partners or under an operating or partnership agreement. See business dispute funding.
Commercial and construction payment disputes. Contractors, subs, and suppliers owed on commercial projects. We have a full library of contractor payment guides and a Contractor Not Getting Paid page.

What makes a claim a stronger fit: clear documents, meaningful damages, and a defendant that looks able to pay a judgment. Other commercial claims are reviewed case by case.

What usually isn’t a fit

Consumer debts. Darkwell does not buy or collect consumer debt in states that require a collection license, including Colorado. This commercial lane is for claims a business holds against another business or organization.
Claims where the other side has no assets, insurance, bond, or other way to pay.
Claims with no documents behind them, or where a key deadline has already passed.
Anyone looking for a funder to act as their lawyer.

What to send for a claim review

The contract, purchase orders, or agreement (signed or not), plus any change orders or amendments.
Invoices, statements, and a simple ledger of what was paid and what’s still owed.
Key emails, texts, and letters, especially any where the other side admits the debt or disputes it.
The other side’s full legal name and state, and anything you know about their assets or insurance.
Where things stand: nothing filed, demand letter sent, lawsuit filed, or arbitration started.
Your attorney’s name, if you already have one.

How we get paid

Our fee comes out of the recovery, not your pocket. If there’s no recovery, you don’t repay our funding. Your written agreement sets the exact terms.

Where we work and claim size

For business claims, we fund in many U.S. states, reviewed state by state, where champerty rules and litigation funding laws allow our model. We confirm your state during review. See where Darkwell funds claims.

We fund business claims, and individual and consumer claims in some states, reviewed state by state where the law allows.

There’s no minimum claim size. We review each claim on its facts, the amount at stake, and whether the other side can pay. For select commercial and IP claims, and only where state law allows, we may buy the claim outright.

Common questions

Do I need my own attorney? Your licensed attorney runs the case. We can work with your current attorney where it fits.

Is there a minimum claim size? No. We review each claim on its merits.

What does a claim review cost? Nothing. The claim review is free.

What if I can’t afford to sue at all right now? Read Can’t afford to sue a company that owes you money? Your options.

Reminder: Darkwell provides litigation funding. Darkwell does not buy or collect consumer debt in states that require a collection license, including Colorado. We are not a law firm and do not give legal advice. State law controls your claim and your deadlines. Nothing on this page promises funding, approval, or any particular result.

Strong claim against another business? Request a free claim review. Send what you have.