Whenever parties enter into binding legal agreements – whether to obtain certain types of insurance, to offer employment, or to enter into an agreement for the provision of professional services — disputes can later arise, often years after the fact. These disputes can cause confusion, anxiety, and the potential for serious financial losses.
Whether an individual contractor failed to provide services as agreed, or you need help interpreting and resolving an ongoing dispute with a large corporation or government entity, the team at The Mills Law Firm, LLP, can provide the resources, experience, and skills to conclude the dispute in an effective way.
Close Analysis of Contracts: Looking at the Contract, Circumstances, and Law
In contract litigation, a plaintiff seeks remedies in civil court from a defendant for “breaching” an agreement. To resolve the dispute, the court will examine the following:
The contract document itself. What, specifically, does the agreement say? Are any clauses contradictory or ambiguous? Were multiple drafts of the contract written? Who prepared the contract? What is the level of sophistication of the respective parties? If there is no written agreement, can the oral agreement be enforced?
Circumstances of the dispute. How did the alleged breach occur? How did this breach negatively impact the plaintiff, financially or otherwise? How was notice of the breach communicated? How might the past and present relationship between the plaintiff and defendant inform the dispute?
Applicable law. Many contracts required that disputes be handled in particular courts, under specific laws. Other contracts require the parties to submit disputes to arbitration. A lawyer handling a contract dispute should always know which laws might apply. Are there precedent cases that might have bearing? If so, what were the results in those cases?
The Mills Law Firm, LLP, has represented both plaintiffs and defendants in complicated commercial and business contract litigation. Our trial attorneys have more than five decades of collective experience. We can scrutinize the contract in question and design a strategy to achieve the best outcome for you, whether that means negotiation or litigation. We can also introduce you to tools and best practices, so you can avoid similar disputes in the future.
Untangling Complex Contracts; Resolving Doubts and Fears about Your Agreements
Whether you operate a business that contracts freelancers, agencies, and vendors on a regular basis; or you provide services in a heavily regulated industry, you likely have neither the time nor the expertise to review all of your contracts with a fine-toothed comb. Furthermore, the time, money, and energy it takes to resolve thorny disputes can frustrate your business, sap your energy and reduce profits. Some of the questions that might be bothering you could include:
- “The company I hired flat out failed to perform the services I paid for. I also believe the company may be hiding its assets. How can I recover costs, and how quickly? “
- “A former employee has failed to abide by the terms of our company’s employee handbook, and is now refusing to reimburse us for education and training expenses paid for as part of the company’s educational development program. What’s the most ethical, practical way to handle this? “
- “My insurance carrier has denied coverage for automobile insurance benefits. Am I entitled to the benefits and how can I obtain them as quickly as possible?”
The variety of contract disputes is essentially limitless.
Fortunately, our legal team has the talent, experience, and resources to address even the most sophisticated disputes efficiently. Our trial lawyers and litigators have tried hundreds of cases to verdict, and we can help you, whether you’re struggling with the fine points of a joint venture agreement or you’re facing a breach of contract claim that could, theoretically, cost you hundreds of thousands of dollars.
The Mills Law Firm, LLP, can empower you to conclude your dispute and return to focusing on your business and personal life. We can also streamline, clarify and triple check agreements you make going forward to minimize your risks of future litigation.
Call our team at (518) 373-9900. We can provide a free case evaluation to help you clarify your next steps.