Business Disputes

DEFINITION

Most business dealings have a written contract which is supposed to govern the transactions between the parties. Sometimes a business does routine tracnsactions which are so common that each individual contract is not in writing. Most often, one business has performed a service and/or delivered goods and the other party has refues to pay for the goods or services delivered. This is most often called a breach of contract action.

Most enforceable contracts are in written form, although oral contracts can also be enforced in some circumstances. A breach of contract occurs when a party fails to fulfill or comply with the required terms of a contract.

STANDARD PROTOCOL

Usually, a party will seek monetary repayment for any damages incurred as a result of the breach. Another possible remedy in a breach of contract case is to return the party (monetarily) to the status he occupied before the contract was entered. Occasionally, one party may seek a court order to require the other party to fulfill the contract, or to demand a specific performance.

WHEN TO CONTACT AN ATTORNEY

When a party alleges a breach of contract, it is important to remember that ordinarily that party must have fulfilled all of his obligations under the contract in order to enforce the contract against the other party. Additionally, the party seeking to enforce a contract must usually attempt to mitigate, or lessen, his damages prior to seeking relief from the court.

THE MOST IMPORTANT INFORMATION

Typically, the written contract is the most important item to review. Also, Randy Rich encourages clients to keep or create a detailed timeline of all pertinent dates and events beginning at the negotiation stage of a contract. If a particular term in a contract is unusual or important in the dispute, it is useful to know whether the term was discussed during negotiations. This is because the law will sometimes allow the pre-contract negotiations to be admissible in court if a term is unusual or vague. Randy Rich has extensive experience in the resolution of contract disputes. He has represented both Plaintiffs and Defendants in breach of contract actions, which means he has experience in proving a breach occurred, as well as defending allegations of breach of contract.

Get the facts of your contract dispute on paper (i.e. the timelines with important dates, negotiations, etc.) and contact Randy Rich.