Before bringing a company to court for a breach of contract or some other legal complaint, it’s important to ensure your case has the best chance of success.
After all, bringing a lawsuit is a serious step and one that should not be taken lightly. Moreover, if you lose, there can be serious consequences regarding extended liability and future business dealings.
Even the most straightforward contracts can have hidden pitfalls that leave you at a disadvantage.
There are 6 Things A Business Litigation Law Firm Do For Your Case
If you find yourself in this situation, working with an experienced business litigation law firm can be beneficial in helping you decide whether or not to proceed with legal action and strategizing the best way to ensure success.
Here are some common situations where working with an experienced business litigation law firm can help your case:
1. Breach of Contract
Contracts are an essential part of almost every business relationship. But as we’ve discussed, they can be full of traps for the unwary.
If you find yourself in a situation where your counterparty has failed to meet their contractual obligations, your first step should be to consult with an experienced business litigation law firm.
They can help you identify the various ways in which your contract has been breached, including:
- Delivery dates that were not met or were unrealistic
- Payments that were not made promptly
- Products or services that were delivered that did not meet the standards promised in the contract
2. You Suspect Fraud
If you believe that your contract counterparty either does not have the authority to sign the contract for the company or the ability to perform the contract, you could have a case of fraud on your hands.
This is a serious allegation and one that can be difficult to prove. The sooner you can bring this to the attention of the appropriate authorities, the better.
The best way to proceed is to consult with an experienced business litigation law firm as soon as you believe that fraud may be at play. They can help you decide the best course of action and give you the best possible chance of a successful outcome.
3. Your Contract Has A Hidden Booby Trap
In some cases, the contract you signed was not fraudulent but simply a one-sided contract with a clause that is extremely difficult to avoid.
In this situation, the best way to proceed is to reach out to your counterparty and use the contract to help you justify your request for a change or exception. If this fails, you could proceed to court.
Most contracts have a dispute resolution clause that dictates the steps you need to take when you are in a disagreement. If you signed a contract with a hidden booby trap, you have the option of going to court right away.
Working with an experienced business litigation law firm can be beneficial if you have a contract with an unfavorable clause that is not immediately legally actionable. The law firm can help you determine the best way to proceed and help you gain the best possible outcome.
4. You’re Being Paid Too Little
You can pursue legal action if you feel the amount offered as payment under a contract is unreasonable. This is especially important if the contract in question is a written contract or another kind of legally binding agreement.
In many cases, the party responsible for your payment will come to you and offer a more reasonable amount. If this does not happen, you can take legal action to have the amount determined in court.
If you decide to file a lawsuit, you will need to prove that the amount you are due is correct by providing evidence, such as receipts, estimates, and other documents that prove the amount you are asking for is correct.
An experienced business litigation law firm can help you prepare this evidence, as well as help you decide whether or not to take legal action in the first place.
5. Your Counterpart Is Breaking The Conditions Of The Contract
In some cases, the fault of the contract breach lies with you. However, if your contract stipulates that you will meet certain conditions and fail to do so, you may still be entitled to legal action.
Whether or not you can successfully pursue legal action in this situation depends on the terms of the contract and what your counterparty was expecting you to do.
For example, if you signed a contract to provide services for your client but cannot deliver the services specified in the contract due to an unforeseen problem, you may still be entitled to payment for the services you were supposed to provide.
6. You Waived Or Inherited Risk When You Signed The Contract
In some contracts, a clause states that you will waive your right to pursue damages in case of a breach. However, this is not always legally binding. To be enforceable, the contract must meet several criteria, including being written in plain language that makes the waiver clause obvious to the average person reading it.
If you signed a contract containing a waiver clause and believe it should not be enforced, your first step should be to speak with the party responsible for the contract. If the waiver clause is not removed or amended and you still believe that it should not be enforced, you can proceed with legal action.
Working with an experienced business litigation law firm can help you determine the best course of action and ensure you have the strongest case.
The legal system is complex and difficult for the average person to navigate. This is especially true when you feel you have been wronged by a company or individual that is difficult to reach or seems to have no interest in hearing your side of the story.
When you find yourself in this position, it’s important to start thinking about how to proceed with legal action as soon as possible. This way, you have the best chance of getting what you need to move on with your life as quickly as possible.
Working with an experienced business litigation law firm can put you in touch with the right people to help you strategize the best way to move forward. With the help of a business lawyer, you can be sure that your case has the best chance of success without wasting time or money.
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