According to the International Association for Contract and Commercial Management (IACCM), approximately 9 percent of contracts “experience a significant claim or dispute.” These contract disputes can occur in any industry. They may arise due to unforeseen business conditions or the reluctance of a contracted party to provide the products or services agreed upon. Whatever the issue, disputes can be extremely frustrating and can affect the productivity of your business.
At Richard L. Vanderslice, P.C., protecting your business’s needs is our priority. Our attorneys seek to negotiate solutions with your business’s best interests in mind. We have the experience and knowledge to guide you through your dispute efficiently. Contact us today for a consultation. We are proud to represent clients throughout Philadelphia, Philadelphia County, Montgomery County, and Delaware County, PA.
When most contracts are drafted and signed, all signatures bind the parties together for a set period of time. Far too often, however, one or more parties may deviate from the terms set forth in the agreement, and cause a breach of contract.
The following are some of the most common types of contract disputes:
Breaches of contract
Familiarizing yourself with common kinds of dispute cases will make your business better equipped to prevent harmful litigation, operate smoothly, and prioritize healthier business relationships.
In order for your claim to qualify as a breach of contract in a court of law, you must first prove a number of qualifications. Be sure to evaluate whether you can demonstrate four elements:
Proof of the existence of a contract
The courts will need evidence that a contract exists, and it may not be as simple as a handshake, verbal agreement, or even a signed piece of paper. You will have to prove there was (a) an offer, (b) an acceptance of the offer, and (c) consideration was given in the interest of accepting the offer.
Proof that the opposing party failed to perform or provide their obligations and that they do not have a substantial reason for not doing so.
Proof that the other party’s failure to perform or provide resulted in damages
If all of these elements are available, you may very well have grounds for legal action and should consider speaking with a business litigation attorney.
Some of the most common defenses in a contract dispute are referred to as “affirmative defenses,” meaning the party being sued for breach of contract must prove defense if the dispute goes to trial. An affirmative defense often doesn’t address the matter at hand directly but rather relies on proving mitigating circumstances that led to the breach of contract.
A few common affirmative defenses are listed below.
The contract was supposed to be in writing.
There is a mistake in the contract.
The contract terms weren’t agreed on or finalized.
The defendant lacked capacity to contract.
The defendant was fraudulently induced to enter into a contract.
The contract is egregiously unfair.
The contract is illegal.
Estoppel or asserting a right that contradicts what was said or agreed upon.
When you’ve suddenly become involved in a contract dispute, you have the option to take the other party to court. However, other options are available if you don’t want to begin a prolonged litigation process, such as:
How a Business Litigation Attorney Can Help
When the terms of a contract or agreement are not met by the other party, your business’s profitability, as well as its reputation, may suffer.
Contract disputes are incredibly stressful, but not all of them need to be settled in the courtroom. Speaking with a knowledgeable business litigation attorney is crucial to protecting your rights as a business owner.
At the Richard L. Vanderslice, P.C., our attorneys have dedicated their careers to handling business litigations. As your legal counsel, our team can help:
Fight zealously to protect your rights and represent your best interests
Provide a comprehensive case review and carry out a detailed investigation
Gather necessary information and every required piece of evidence and documentation
Our attorneys will fight passionately to help you achieve a fair resolution to your contract dispute.
If you’re dealing with a breach of contract, call Richard L. Vanderslice, P.C. today to schedule a one-on-one consultation. Our knowledgeable business litigation attorneys can help protect your rights, represent you compassionately, and help you pursue a fair resolution. We are proud to serve clients throughout Philadelphia, Philadelphia County, Montgomery County, and Delaware County, Pennsylvania. Reach out now!