Having a business attorney that is also a litigation lawyer can be helpful in the event that a business partner defaults on an agreement. Business partners come in many forms, from clients who buy your product or services to vendors who provide you with goods and services, as well as consultants, advisors, and traditional business partners who have ownership in the business with you. All of these relationships rely on a set code of conduct, which is traditionally codified in a business contract. A contract is nothing more than a written agreement that you and the other party signed. Unfortunately, many times one party or both decides to violate the terms of the contract leading to what is known as a breach of contract.
A litigation attorney is your ace in the hole when it comes to dealing with a partner who has breached a contract. It is always advisable to consult with an attorney before signing important documents like contracts so that if litigation happens in the future; your interests are protected based on the language contained in that agreement. If, however, you and a partner are in a dispute here is what you need to know before you head down the road to litigation –
- Prove that there is a valid contract: Typically agreements or contracts are in writing. From your mortgage documents to your cell phone agreement, most are subjected to hundreds of contracts in their lifetime. If you believe that the other side has violated the terms of your contract you will need to prove that there is a valid, standing agreement between the two parties. For a litigation lawyer, this is best proven when there is a physical document that can be produced with both party’s signature. Proving the existence and terms of a verbal contract is far more tedious.
Duties: To prove that a breach of contract occurred, as a litigation lawyer, we will need to first show that you performed all the duties assigned to you under the contract. You cannot claim breach if you first or also failed to perform the duties required of you. Once it has been established that there is a valid contract, and that you faithfully executed your portion of the contract, you will need to prove that one of three conditions exist whereby the other party has not performed their duties.
These being:
- They are unable to perform the duties.
- They have made it clear that they do not intend to follow through and perform their duties.
- They have made it impossible for you to perform your duties under the contract (an example would be a tenant refusing a landlord access to the home to perform contractual repairs).
- Harm: Finally, you must demonstrate that you have experienced harm because of a breach of contract. We will help you to access the financial harm that was done to you because of the breach, which can then be used to help determine the amount of damages that should be asked for.
If you feel that a dispute is inevitable, contact a litigation lawyer first to discuss what the winning strategy will be and begin to gather the necessary documents now, while they are still available.