When you sign a contract as part of your business dealings, you hope it is secure, covers everything, and has the tools you need to enforce it when necessary. When you discover problems down the road or end up in a dispute with the other party, you will need help figuring out what powers you have and what steps you can take now, whether you are trying to get out of the contract, have it enforced as written, or fix issues with the contract’s terms.
Our attorneys represent individuals and businesses in contract cases, working to help you get the outcome you need from a contract that might not express your wishes properly or have various problems that stop it from working as intended. We can represent you no matter which side of the case you are on and whether you are trying to enforce the contract or have it nullified.
For help with your case, call Howe & Associates today at (678) 680-6983.
Types of Contract Dispute Issues Our Lawyers Can Help with in Columbus, GA
Contracts are usually drafted carefully to ensure both sides’ wishes are expressed, and the terms are clear. However, it can be difficult to predict every issue that might arise down the road, and contracts can become serious impediments to your business strategy or become weak and useless when it comes to affecting your will in changing circumstances. Because of this, there are many different contract issues that might arise that our contract dispute lawyers can help you with:
Breach of Contract
Perhaps one of the biggest issues in contract enforcement is breach of contract. If either side violates the terms of the agreement, then there are ways that the non-breaching party can seek to have them penalized or get a court to force them to follow the contract’s terms anyway.
Many contracts have damages specified in the contract, dictating the “liquidated damages” that the breaching party has to pay. Getting these damages paid is often as simple as taking the breaching party to court and asking the judge to enforce it, but winning the argument might still be a challenge.
Other contracts need to be enforced, even when the breaching party says they do not want to follow the requirements. In these cases, specific enforcement might be the best outcome, where the judge orders the breaching party to follow through with the terms and deliver the goods or services or do whatever else they were required to do.
Other Enforcement
Sometimes the contract is put in place to prevent something from happening or to stop another party from interfering in your business in some way. For example, non-compete clauses or clauses preventing a former contractor or employee from taking your proprietary processes or client list might be necessary to protect your business. If they encroach on your business in violation of the contract, we can take them to court to get them to stop. In many cases, non-compete clauses are not enforceable, but many other similar clauses are quite enforceable.
Renegotiation and Modification
As your company grows and the dynamics of your business change, the contracts you have in place might no longer be what you need. Before problems arise and parties begin to consider breaching the contract or trying to get out of it, it might be best to have another meeting of the minds and simply renegotiate the contract.
Our lawyers can sit down with you and understand what you need changed in the contract, then propose the suggested changes to the other party or parties. One of the important things about contracts and the freedom to contract is that the parties can usually agree to end or modify the contract with unanimous consent. If we can avoid a dispute before it starts by proposing changes and drawing up a new contract, that can help prevent interruptions and keep your business running smoothly.
Termination
Many contracts have built-in ways that a contract can be terminated. Employment contracts, for example, often have expiration dates, options for for-cause termination, and other escape clauses that we can help you research and activate, allowing our lawyers to handle any of the blowback and arguments that might arise when you terminate the contract properly.
There are also other ways to get a contract terminated, perhaps by taking it to court. Of course, both sides can also agree to terminate the contract, but if that is not an option, we can seek to have the court end the contract, help you comply with substantial performance, or otherwise seek to have the contract nullified by a force majeure clause or some other legal excuse.
Repudiation
Sometimes it becomes apparent to you that carrying out the terms of a contract will be too difficult or expensive, and the ultimate decision your business makes is to not honor the contract. If this is your goal, we can discuss your options and talk to the opposing party. We can potentially seek permission to get the contract terminated, or we can otherwise renegotiate terms.
In many cases, this also involves anticipatory breach, where the other party could potentially start breach of contract proceedings against you before you actually breach. It will then be our duty to help you mitigate damages and otherwise handle the fallout of your intended breach.
Ambiguity
When the rubber meets the road, many contractual terms and obligations become unclear. If there are ambiguities in the text of a contract, the parties can often renegotiate and draft new contracts clarifying or even replacing the old terms. Alternatively, we can ask the courts to intervene and resolve the ambiguities to help settle any questions about how the contract must be carried out.
Errors
If there is a factual error or other problem with the contract, we can renegotiate or seek to have the court amend the contract to reflect the right terms. Especially if this is combined with a breach or other contract dispute, it can complicate the case.
Call Our Contract Dispute Lawyers in Columbus, GA Today
Contact Howe & Associates today at (678) 680-6983 today to discuss your potential contract issue with our lawyers.