Breached contracts are a common and serious issue for both individuals and businesses. Commercial leases, licensing contracts, entertainment contracts, loan agreements and employment contracts are just a few of the claim types that may entitle you to damages.
“Contractual disputes can take many forms, but the most important thing is to be represented by an attorney who can properly assess your contract and effectively protect your rights through targeted and efficient litigation.” – Attorney Ryan Maxey
The Business Trial Group works on a contingency-fee basis, which means that we don’t charge you hourly rates. In fact, we don’t charge you at all if we don’t successfully resolve your case. This business model allows us to pursue the legal pathways that best suit your needs and yield the optimal result.
Should we pursue your case, our attorneys will work personally with you to review the contract in question, as well as any pertinent information that gives the case further context.
The Business Trial Group’s attorneys have extensive experience working with contract litigation disputes and know how to help you get justice. Once you become our client, you will be fully supported by our dedication, proven track record and considerable resources.
Types of Contracts
Although business owners usually do their best to make contracts as comprehensive as possible, disputes can occasionally arise. Here are some of the common contract types, as well as the legal challenges they can create.
In services contracts, one party contracts another to provide a service within a stated period of time. Typically, services contracts specify the liability of the service provider as well as the payment schedule.
Delays are a common type of dispute in services contracts, as are quality issues. In most cases, the plaintiff has to demonstrate that the delays or quality issues the service provider induced caused significant repercussions or financial losses.
Loan agreements are one of the most contentious types of contracts. Those who request loans are often in a vulnerable position and may not always read through the terms thoroughly. Even when they do, loan providers can take advantage of the power imbalance and attempt to make unfair demands.
Either party in a loan agreement can have reason to file a claim. Once a loan’s terms are determined and agreed upon, the borrower is obligated to adhere to those terms. The lender, however, must follow through on his or her end of the bargain, and cannot legally harass the borrower.
Buy-sell agreements determine how a business’s resources will be allocated in the event that a business owner departs. Because many of these situations involve a deceased business owner, buy-sell contract disputes can be especially sensitive and difficult to resolve.
Buy-sell contracts often become the focus of lawsuits when a business has multiple owners. There may be a dispute, for example, over which owner will formally take over the deceased party’s shares.
Commercial leases tend to have very specific language about liability, quality and timing. Real estate law requires a certain degree of transparency from the agency or individual providing the lease.
If for any reason a contract hides or fails to disclose relevant information about the property that will negatively impact the tenant(s), there may be grounds for a lawsuit. Commercial lease contracts can also be breached when a tenant vacates the property without reasonable justification or due compensation.
Formal employment contracts help employers and employees understand their responsibilities to each other. They are also created to set expectations around compensation, services, conduct and termination policies.
As is the case with other types of contract disputes, the plaintiff often has to demonstrate losses suffered as the result of a contract breach in order to recover damages.
When you purchase a franchise from a large business, the contracts involved are especially extensive and may be standardized across all franchise locations. These types of contracts usually contain highly specific language about the buyer’s responsibilities and may have clauses absolving the greater company from liability.
These contracts are challenging to dispute because many times, owners of large franchised corporations have strong legal teams accustomed to suppressing lawsuits. For this reason, it’s important to have an attorney on your side to make sure that you have a fair chance to make your case and recover your losses.
Types of Recoveries from Breach of Contract Lawsuits
When someone reneges on their contract, you may have the opportunity to recover any losses you suffered as a result. Damages can take the form of financial compensation, and a judge may additionally require the party who caused the breach to fulfill the contract.
The two types of damages that a judge may grant are liquidated damages and compensatory damages.
Liquidated damages are pre-specified in some contracts, and they let both parties know how much can be recovered in the event that the contract is breached.
Compensatory damages are not predetermined, and they can be awarded to make up for any losses sustained by the breach of contract.
Even when financial damages aren’t awarded to the plaintiff, the judge may require that the party who breached the contract fulfill the neglected or mismanaged obligations. It is also possible for a judge to dissolve the contract altogether, releasing both parties from their obligations.
Who Can File A Breach of Contract Lawsuit
Both individuals and businesses can file claims to resolve breached contracts. Whether you’re an entertainer, a member of a homeowner’s association, a commercial tenant, an employee or a small business owner, you have the right to file a claim when another professional or business has broken your contract.
Even if your case goes to trial, we will not charge you an hourly rate, and we won’t receive a fee unless the case is successfully resolved.
To find out whether your breach of contract claim is eligible for a lawsuit, contact us through our no fee, no obligation form or call 877.667.4265.