Three Common Problems In Business Contract Disputes and How to Avoid Them

Contract Disputes

Having a dispute with a family member or friend is never fun. When disputes over contracts occur In business, it is not only inconvenient, it can be potentially costly. In business, the practice of creating legally binding agreements is a large part of running any business. Purchasing goods, selling goods, and partnering with other companies may be reasons drafting a contract makes sense.

Unfortunately, there are times when the involved parties disagree over the contract’s terms and conditions leading to a dispute. What can you do to avoid contract disputes? Knowing the common problems that arise with contracts can save your business time and money because knowing how to prevent them is priceless.

Common Contract Disputes

  • Issues with drafting and reviewing a contract
  • Offer and acceptance disputes
  • Mistakes and errors concerning the terms of the contract
  • Disagreements as to the meaning or definition of a technical term
  • Fraud and coercion—there is no “meeting of the minds” if a person is forced or tricked into signing the contract

Common Problems In Business Contract Disputes

  • Having a loosely-defined contract: The parties on each side of any contract should enter into the process with terms meeting each of their needs. It is essential that the contract is followed. If a product is not delivered as specified or a service is late, the stipulations of the contract were not followed. When one of the contract’s parties feels threatened, a legal action often soon follows.
  • It is important to have reasonable expectations when drafting and signing a business contract.
  • Making unrealistic commitments in the contract can lead to expensive lawsuits for your company if you can not meet them.
  • Only One Party Drafts the Contract: When one of the parties involved in the contract has little to no input, business disputes can and do occur. A lopsided contract or miscommunication about one party’s ability to perform a specified service are both common causes of business disputes that result in litigation.
  • A fair contract requires that both party’s attorneys play a role in drafting and reviewing any contract before it is signed.
  • Unexpected Situations: When contracts are involved, expect the unexpected. Employees may become sick, a natural disaster may occur, or other surprises which may make holding specific terms of a contract impossible can leave the parties involved in a contract vulnerable to legal threats.
  • Contracts designed for businesses should include contingency clauses in case there is a disaster or another unexpected event.

Remedies for a Breach of Contract

  • Compensatory Damages – Payments paid to the non-breaching party to adequately compensate them for any losses.
  • Punitive Damages – Payments paid to the non-breaching party that go above and beyond full compensation.
  • Nominal Damages – Token awards intended to compensate without actual money being paid.
  • Liquidated Damages – A reasonable assessment is made and a  portion of the actual damages is compensated.

Paul J. Burkhart

Contact Paul J. Burkhart if you want to learn how to protect yourself and your business from contract disputes and unnecessary litigation or if you require litigation to handle an existing business dispute. Our firm is experienced in labor and employment matters, and dealing with strategies that prevent disputes.

Paul J. Burkhart

One of the biggest causes of failure is not hiring a business attorney to help start your business;  Paul J. Burkart is well versed in due diligence. He will be there with you each step of the way helping you venture into your new business.

He will ensure you are choosing the correct corporate entity, not using someone else’s trade name, accounts are not commingled, intellectual property is protected, ensuring there are adequate employee agreements, understanding key contracts, and complying with state and federal security laws.

Start your business on the right foot with experienced business attorney; Paul J. Burkhart.

Business Attorney Palm Beach Gardens

Our team assists both individuals, and business clients with all their legal needs, including business and Corporate Transactions, Business/Commercial and Civil Litigation, Real Estate, Intellectual Property, Family Law, and Estate Planning matters. We are a full-service private law firm ready to assist you with any request, large or small. Call 561-880-0155 or visit our website.

 

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