Kara Sears
Contract disputes occur when two or more parties disagree on the terms, definitions, commitments, or conditions contained within a contract. These contracts can take many different forms, including non-compete agreements, lease agreements, franchise agreements, and more. In most cases, a dispute arises because one party is believed to have breached the contract by failing to abide by the agreed-upon terms. Attorneys who handle contract disputes are often referred to as contract attorneys, commercial litigators, or business litigators. They are well-versed in contract law and can help explain the terms of the contract to reach clarity on both sides.
| Characteristics | Values |
|---|---|
| Type of lawyer | Contract attorney, commercial litigator, business litigator, corporate attorney |
| Nature of dispute | Two or more parties disagree on terms, definitions, commitments, or conditions |
| Types of contract | Non-compete agreements, vendor agreements, lease agreements, franchise agreements, construction contracts, service agreements |
| Nature of breach | Failure to abide by terms, e.g. timely delivery of goods or services, failure to deliver anticipated quality, failure to make payment |
| Types of resolution | Negotiated resolution, mediation, alternative dispute resolution, litigation |
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What You'll Learn
Contract disputes
Attorneys who handle contract disputes are often referred to as "contract attorneys", "commercial litigators", or "business litigators". They are well-versed in contract law and are experienced in a variety of business-related disciplines, such as employment law, corporate law, and construction law. These attorneys can assist in explaining the terms of the contract to reach clarity on both sides, helping with negotiated resolutions, and preparing new agreements with mutual agreement by both parties. If negotiation is unsuccessful, they can participate in mediation or another form of alternative dispute resolution to avoid costly litigation. They are also experienced in prosecuting and defending breach of contract disputes in commercial, construction, and employment-related settings.
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Breach of contract
A breach of contract occurs when one or more parties disagree on the terms, definitions, commitments, or conditions contained within any type of contract. Contracts can take many different forms, including non-compete agreements, vendor agreements, lease agreements, franchise agreements, construction contracts, service agreements, and more.
A breach can be minor or material. A minor breach, or partial breach, involves a situation where one party has failed to abide by the agreed-upon terms, such as the timely delivery of goods or services, the failure to deliver the anticipated quality of goods or services, or the failure to make payment when due. A material breach is more serious and may involve a fundamental aspect of the contract, such as a failure to perform the contract at all.
In the event of a breach of contract, there are several options for resolution. An attorney can help explain the terms of the contract to both sides and assist in reaching a negotiated resolution, which may involve preparing a new, separate agreement. If negotiation is unsuccessful, mediation or another form of alternative dispute resolution can be a practical solution to avoid costly litigation. If necessary, an attorney can also help with suing the breaching party or defending the alleged breaching party in a lawsuit.
Attorneys who handle contract disputes are often referred to as contract attorneys, commercial litigators, or business litigators. They are well-versed in contract law and experienced in a variety of business-related disciplines, such as employment law, corporate law, and construction law.
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Business litigation
In most cases, a dispute arises because one party is believed to have breached the contract by failing to abide by the agreed-upon terms. For example, this could be the timely delivery of goods or services, the failure to deliver the anticipated quality of goods or services, or the failure to make payment when due. A breach can also take the form of failing to refrain from certain conduct, as agreed, like opening a new business that competes with a former employer when the employee agreed not to compete.
Business litigators are experienced in both prosecuting and defending breach of contract disputes in commercial, construction, and employment-related settings. They can also help explain the terms of the contract to reach clarity on both sides. If necessary, they can assist in negotiated resolution and, at times, prepare a new, separate agreement with mutual agreement by both parties. If negotiation is unsuccessful, participation in mediation or another form of alternative dispute resolution can be a practical solution to avoid costly litigation.
Corporate attorneys are also experienced in business-related disciplines, such as employment law, corporate law, contract law, and construction law, which makes them well-equipped to navigate and resolve contract disputes.
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Commercial litigation
A breach of contract can be minor or material. For example, a minor breach might involve a situation where one party fails to refrain from certain conduct, as agreed, like opening a new business that competes with a former employer when the employee agreed not to compete. A material breach might involve the failure to deliver goods or services on time, or to deliver the anticipated quality of goods or services.
A commercial litigator can assist in negotiated resolution and, if necessary, prepare a new, separate agreement with mutual agreement by both parties. If negotiation is unsuccessful, participation in mediation or another form of alternative dispute resolution can be a practical solution to avoid costly litigation.
Many commercial litigators are experienced in both prosecuting and defending breach of contract disputes in commercial, construction and employment-related settings.
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Contract attorneys
Contract disputes occur when two or more parties disagree on the terms, definitions, commitments, or conditions contained within a contract. These contracts can take many different forms, including non-compete agreements, vendor agreements, lease agreements, franchise agreements, construction contracts, and service agreements. Contract attorneys, also known as commercial or business litigators, are well-versed in contract law and can help with contract disputes. They can explain the terms of the contract to both sides, assist in negotiated resolutions, and prepare new agreements with mutual consent from both parties. If negotiation is unsuccessful, they can also help with mediation or other forms of alternative dispute resolution to avoid costly litigation.
Contract disputes usually arise from a breach or suspected breach of contract. A breach can be minor or material and may include failing to abide by the agreed-upon terms, such as the timely delivery of goods or services, failure to deliver the anticipated quality, or failure to make payment when due. It can also involve failing to refrain from certain conduct, as agreed upon in the contract, such as an employee opening a new business that competes with their former employer.
Overall, contract attorneys play a crucial role in resolving contract disputes by ensuring a clear understanding of contract terms, facilitating negotiated resolutions, and providing legal representation in the event of a breach of contract. Their knowledge and experience in business-related matters make them valuable assets for companies and individuals alike when dealing with contract disagreements.
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Frequently asked questions
A contract dispute occurs when two or more parties disagree on the terms, definitions, commitments, or conditions contained within any type of contract. This can include non-compete agreements, lease agreements, franchise agreements, and more.
Breaches of contract can be minor or material. Examples include the failure to deliver goods or services on time, the failure to deliver the anticipated quality of goods or services, or the failure to make payment when due.
A lawyer who handles contract disputes is often referred to as a "contract attorney," a "commercial litigator," or a "business litigator." They are well-versed in contract law and can assist in negotiating a resolution or preparing a new agreement.
If a contract dispute cannot be resolved through negotiation or mediation, it may result in litigation. A business litigator can represent either the suing or defending party in a lawsuit, prosecuting or defending breach of contract disputes.
