Almost all business dealings and relationships are dictated by contracts. As such, all parties involved generally place immeasurable importance upon these legally binding contracts. However, when business relationships go south, parties may believe in two different interpretations of the contract, which obviously leads to serious conflict. They may also disagree upon the enforceability of the terms. After all, not all contracts can be held up in court. For example, a contract that requires one party to do something that violates the law is not a legally binding agreement. If you are in such a contract dispute with a business partner, vendor, or employer, or employee, we encourage you to take action now to mitigate your future costs and damages, and seek legal counsel at once. The contract dispute attorneys at Simms Showers LLP can help you resolve the dispute through mediation, or take the matter before a judge in the courtroom.
What Are Some Typical Contract Disputes?
A contract dispute either involves one party breaching the contract or one party accusing the other of breaching the contract when no breach has actually occurred. A few examples of common contract disputes include the following:
- Business to business contract disputes;
- Breach of contract by customers;
- Breach of contract by contractor;
- Vendors or suppliers disputes; and
- Landlord tenant disputes.
According to Cornell Law, a contract is only valid when 1) there is mutual assent by both parties expressed by a valid offer and acceptance; 2) adequate consideration; 3) capacity; 4) and legality. Examples of contract disputes include:
- Offer and acceptance;
- Coercion or fraud;
- Defining technical terms;
- Contract drafting and review; and
- Other contract errors.
Material Breach of Contract Versus a Minor Breach
There are two types of breach of contract. A minor breach, also called an immaterial breach, enables a contract to still stand. The party that suffered damages can still sue, but the contract will remain intact. A material breach, caused by one party not fulfilling their duty, damages the agreement to the point where the contract no longer stands. The party who suffered damages can sue.
Anticipatory Breach of Contract
There are times when one party says or indicates that it will not fulfill their obligation. This is called an anticipatory breach. Even though the party has not technically done something to breach the contract, the mere indication qualifies as a breach.
Remedies to Contract Disputes
According to the Bureau of Labor Statistics, contract disputes account for 33 percent of all state civil trials. While there are certainly other options to pursue before going before a judge, litigation may be necessary to either seek fair damages or protect you from wrongful accusations. Before or instead of litigation, it is likely wise to pursue negotiation, mediation, or arbitration.
Reach Out to Our Leesburg County Contract Dispute Attorneys
We understand how important it is to you that this dispute be resolved quickly, and that your damages are either replaced, or that you are defended against false allegations. The contract dispute attorneys at Simms Showers LLP are available to take on your case today. Contact us to schedule a consultation at no cost.