Contracts govern our daily lives in many respects. Without agreements about the terms of deals or transactions, we would not be able to conduct business or even handle many of our daily needs. In order to set clear terms of any relationship, the parties will sign a contract in which each person agrees to do something. Common contracts in business include:
Unfortunately, it is not always smooth sailing after two parties agree to sign something. At some point, one may accuse the other of not delivering on what they promised. This is when they have a contract dispute. What happens after that depends on the contract itself and the steps that each person takes to enforce their own legal rights. Once you sign the agreement, you have a legal right to expect that the other person will do what is required of them by the agreement.
There are a number of disputes that may arise during the performance of the contract. They include:
The best outcome for any contract dispute is avoiding litigation. It is possible to resolve the dispute among the parties without going to court. This is why you should hire an NYC attorney early in the dispute. You can always exchange letters and even negotiate an agreement with the other side that stays out of court. Communication ensures that each side hears the other’s position, and there may be some room to compromise. Hiring an attorney could actually make this easier.
Unfortunately, some contract disputes cannot be resolved between the parties. Then, the case would head to court for a resolution. In the end, the court has the final say over any contract dispute.
The one thing that every contract lawyer will tell you is that the language of the contract will control any dispute. While this concept seems simple, it is actually much more complicated in practice. Two parties to a contract may have completely different readings of what the language says. The words in the contract could be unclear or vague. Then, the judge or jury would interpret the contract. In some cases, the parties conduct at the time that they signed and performed the contract would be at issue.
In other cases, the issue of one or both sides’ nonperformance of the contract comes in front of the judge. In order to prove that there was a breach of contract, you must show the following:
If you are able to prove that the other party breached the contract, you may receive the following damages:
What you seek (and what the judge may order) all depends on the facts of your situation. We will help you assess what your remedies are.
The best way to avoid a contract dispute is to have a litigation attorney involved in the drafting of the contract and to advise you during performance. While you cannot control what the other side does, having an advocate during performance may keep things on a constructive path. Nonetheless, you should seek legal help if you experience any of the issues described above or any other problems with performance.
Individuals or businesses that have any issues with the performance of a contract should contact the NJ and NYC experienced lawyers (Bronx and Queens) at Varcadipane & Pinnisi, P.C. With very little information, we can quickly tell you what services we offer for your unique situation and what you can expect to incur in fees and expenses throughout your legal matter. Our lawyers can proactively get involved, so you can achieve the best legal outcome. Call us today at (800) 616-2916 or contact us online to discuss your matter.
Schedule a free consultation with one of our experienced lawyers by filling out the form below, or call us at (800) 616-2916
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