Contracts are a staple of both personal and business relationships. A contract ideally is written down and signed by each of the parties to the agreement and expresses in clear, unambiguous language each of the signatories’ rights and obligations. A well drafted contract will also include provisions that provide for specific remedies and dispute resolution procedures in the event that a conflict between the parties arises during the carrying out of the substance of the agreement. Contracts that meet these goals help minimize the risk that the contract will ‘go off the rails’ and helps ensure that the parties’ expectations in entering into the agreement are ultimately satisfied.
However even the best written contracts cannot protect all possible outcomes. If one party to the contract later changes its mind and does not fulfill its obligations as agreed, litigation may be necessary to enforce the terms of the contracts or to seek compensation for the losses that were caused by the defaulting party’s action. In addition, many agreements are either poorly drafted or not written down, namely oral contracts. In those cases, ambiguous written language or conflicts in what the parties recall as to the oral terms of an agreement create the potential for misunderstandings, disputes and eventually litigation where the Court is asked to determine the terms of the agreement, whether one or more of the parties committed breaches of those terms and what remedies are available to the non defaulting party.
How Can Litigation for Breach of Contract Be Avoided?
Obviously, retaining the services of a lawyer experienced in drafting contracts (also known as a solicitor) at the outset to assist in the drawing up of the agreement, or at least obtaining legal advice before signing a contract, may help minimize the risk that a dispute will later arise over a contract but as discussed above, that risk can never be eliminated.
If you are already a party to a contract and a problem arises during the course of its implementation, consulting a contract litigation lawyer quickly to obtain advice regarding your legal rights and obligations is the wise move. With legal assistance, it may be possible to resolve the dispute amicably and quickly preserving the ongoing benefits of the contract to the parties. If amicable resolution is not possible, obtaining advice on your legal options including invoking any dispute resolution procedures set out in the contract or commencing a court action to seek all appropriate legal remedies may be required to protect your interests.
Legal remedies that may be available for breach of contract include court orders for damages, specific performance of certain obligations owed and even injunctive relief in some cases.
Types of Contractual Disputes
Most people don’t realize it, but we enter into contracts all the time. Most of those contracts involve small amounts and involve purchases of everyday goods or services. However individuals regularly enter into important agreements involving large sums of money that are typically the subject of written contracts. The best examples of those include purchases of houses, condos, cars, investment/insurance products and construction/renovation services.
Businesses of course enter into agreements on almost a daily basis. Those contracts cover the sale of their products and services and the purchase by them of the products and services needed to operate.
All of these types of agreements may be the subject of disputes that require the services of a contract litigation lawyer . Some contractual disputes that the lawyers at McLarty Wolf Litigation Lawyers regularly advise clients about include:
- Failure to perform real estate purchase and sale contracts
- Denial of insurance policy coverage by insurance companies
- Breaches of service contracts
- Disputes involving residential or commercial construction, repair or renovations
- Failure to repay loans or investments
- Failure to pay for goods and services provided
- Disputes over the quality or quantity of goods and services provided
- Partnership disputes including Limited Partnerships
- Fraud and misrepresentation
- The purchase or sale of a business
When you enter into a contract with someone, you have a reasonable right to expect that the other party will make good on their part of the terms – just as you have a responsibility to make good on yours. If you are in a contractual dispute, getting a good lawyer gives you a better chance at a favorable outcome. Call McLarty Wolf Litigation Lawyers and let us help you settle your contract disagreement.