Business relationships can be as difficult to deal with as any other type of relationship, especially when things are not going as planned. Fortunately, most business relations are clearly outlined by legal contracts, articles and bylaws. Even still, these documents may not prevent all parties involved from following the provisions set forth in these legal documents. And when a party breaches a contract, that breach can cause significant damage to a business relationship not to mention the parties involved. Furthermore, if the damage caused by the breach is severe enough, that breach could result in the closure of a business. That is why you should always catch a breach early and contact a lawyer immediately.
If you have suffered from a breach of contract or a breach in fiduciary duty or responsibility – and, if that breach has negatively affected your business, contact an experienced litigation attorney quickly and before taking any action which may make the situation worse. The litigation attorneys of Goldstein & Scopellite, PC are experienced in protecting businesses and in figuring out the best legal remedy to take in order to ensure that your business stays on track.
Written vs. Verbal Contracts?
Many years ago, individuals would normallyenter into a business agreement by the shake of a hand and a verbal “okay”. As time progressed, and as the shake of a hand could not determine the intricate details of the agreement, it became more necessary to put an agreement into writing. In fact, as the law progressed the statute of frauds came to be and that law states that a written and signed contract prevails over any shake of the hand, or any written agreement that is not signed by all parties to the agreement. Today, these written agreements, otherwise knows as contracts, are necessary, as they set forth the details of how and when the parties will effectively conduct business relations. While it is possible to win a breach of contract lawsuit that was entered into with a verbal agreement, it is rare. In the event of a breach, having a properly drafted and signed agreement will reduce litigation expense and confusion over the issues involved inthe breach.
Hiring an experienced business lawyer, commercial attorney or litigation attorney to draftyourlegal agreement will ensure that things run smoothly, and in the case of a breach, having a properly drafted agreement will result in your suit having the possibility of a successful outcome.
Responsibilities of the Parties?
Most business contracts have standard clauses that protect both parties. In addition to the standard clauses, there are the details that set forth the responsibilities of each party. It is vital that you fully understand all of your obligations and the stipulations made in the contract and that you understand what is outlined in the contract so that you are compliant with those agreements. If you or the other party is not compliant, a law suit may be filed in order to resolve the differences or to receive damages for the breach. Contact the qualified litigation lawyers at Goldstein & Scopellite, PC should you believe that a breach has occurred or if you decide to go forward with any legal action resulting from a breach of contract.
Mediation or Arbitration?
During a lawsuit, the court may require mediation, or one of the parties can motion the court to order mediation. Mediation is a detailed meeting with a third party, not necessarily an attorney, who hears both sides of the suit, and then discusses possible settlement options with the parties, and in most cases, their attorneys. If a settlement agreement is made, that agreement will be drafted and both parties will sign. That mediation agreement is then filed with the court and an order will be drafted from the executed settlement agreement. A mediator cannot Order a settlement be made; the mediator can only try to facilitate a meeting of the minds between the parties so that a settlement can be made and further litigation eliminated.
In some contracts, the parties can mutually agree to arbitrate any alleged breach with a third party, instead of filing a formal lawsuit. Arbitration uses a judge, who is typically a lawyer, who reviews evidence and hears the case instead of having a trial. Arbitration can be quite extensive and more expensivethan a full trial as the parties are essentially hiring between 1 and 3 judges to hear their matter. If your contract requires arbitration, contact a litigation attorney or arbitration attorney immediately. These qualified attorneys will work with you and represent you during this complicated process in order to ensure that your rights are protected and that you receive the maximum settlement possible.
The litigation attorneys and Business lawyers at Goldstein & Scopellite, PC have a proven track record in drafting agreements, litigation or litigating contact issues and in arbitration representation. Goldstein & Scopellite, PC, established in 2002, has offices located in Dallas, TX and Tucson, AZ. For more information, see their local Dallas listing in D Magazine.
Goldstein & Scopellite, PC, is located in Dallas, Texas and was established in 2002. For more information, see our local listing in D Magazine.
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