HOW DO BUSINESS DISPUTES ARISE AND HOW CAN THEY BE AVOIDED?

A dispute tends to develop when one party believes another party is not living up to a promise or legal obligation. Contracts are commonplace in just about every industry, from real estate to construction to entertainment. A well-written legal agreement will thoroughly define each party’s responsibilities and include contingencies for scenarios where contractual conditions are not met.

Put simply, contracts are designed to ensure everyone is on the same page while protecting the rights of everyone involved in the relationship or transaction. To limit the likelihood of a costly dispute, you should negotiate an enforceable legal agreement whenever you plan to engage with another party.

While many contract negotiations will play out in a smooth, harmonious manner, others can devolve into contentious impasses. Legal professionals can work to overcome disagreements and allow an agreement to come to fruition.

Our business dispute attorneys can assist you with many types of contracts, including:

• Employment and Independent Contractor Agreements: When businesses hire employees or independent contractors, they need contracts that define each individual’s role, classification, pay, job responsibilities, conditions of employment, employment period, company policies, grounds for termination, and other pertinent elements.
• Restrictive Covenants: Businesses seek to protect their intellectual property and trade secrets through the use of several types of restrictive covenants, including nondisclosure and non-compete agreements. A nondisclosure agreement limits what a contractual party can share with others, while a non-compete prevents an ex-employee from working for a competitor operating in a certain geographic area for a set period of time. Non-competes are not enforceable in some states and must be carefully drafted in areas that do allow them.
• Buy-Sell Agreements: A buy-sell agreement facilitates an unambiguous transfer of ownership when a partner in a business passes away or departs. These contracts are frequently used by sole proprietorships, closed corporations, and partnerships.
• Purchase Agreements: Whether you are attempting to facilitate a single transaction or an ongoing arrangement, a purchase agreement will lay out the terms of the deal, including the purchase price.
• Formation Agreements: When a new business entity is created, its formation documents make up the contractual foundation of the company. Partnership agreements, shareholder agreements, and other applicable contracts will be necessary to determine how the business will be organized, how decisions will be made, and how disputes will be handled.

CAN AN ATTORNEY ASSIST ME WITH CONTRACT NEGOTIATIONS?

A contract dispute lawyer’s primary job is to serve as a negotiator. They shuttle between the two parties, discussing with each the disputed terms of the contract and how they might arrive at a compromise. In many situations, a conflict is rooted in a simple misunderstanding. Attorneys have the knowledge required to analyze a contract and explain any confusing aspects to both parties, potentially resolving points of contention in the process. They can also ensure the language of a proposed contract is enforceable and consistent with the goals of the relationship or transaction.

Our business dispute lawyers are capable of dealing with numerous types of contractual conflicts, including:

• Breaches of Contract
• Employment Agreement Disputes
• Shareholder Issues
• Commercial Contract Disputes
• Manufacturing Contract Disputes

Businesses of all sizes and industries depend on contracts to protect themselves as they grow and prosper. When two parties cannot agree with each other, they put their companies at risk. Retaining legal representation can help you end disagreements quickly and efficiently. Through extensive research and thoughtful mediation, our team has the means to bring about an optimal resolution.

WHAT ARE MY LEGAL OPTIONS IF A CONTRACT IS BREACHED?

If another contractual party has not lived up to the terms of the agreement, you may be entitled to one or more legal remedies, including compensatory damages you sustained as a direct result of the breach. To enforce your contractual rights, you will need to file a breach of contract lawsuit. You will only prevail if you can prove a valid, enforceable contract existed, which is why it is important to engage an attorney to assist you with contract negotiations from the start.