Putting the Law to Work for You
For Businesses – Litigation
Business vs. Business Contract Lawsuit Attorneys
At all levels of business, across all industries, geographies, and mission statements, contracts are fundamental and indispensable documents. Contracts provide the blueprints from which every conceivable business deal, transaction, and relationship is built. Without a contract to continually use as a reference point, it would become impossible to monitor the flow of capital, goods, services, directives, and employees. For all of these reasons, contracts are among the most widely-known and intensely-studied forms of commercial documentation.
However, when a contract goes awry, the effects can be devastating. When a business is damaged by the failure of another entity to obey the terms of a legally enforceable contract, short term and long term problems can arise almost immediately. In the short term, the aggrieved company misses out on revenue, a service, or a product. In the long term, this loss can effect the company’s ability to satisfy other contracts, meet quotas, reach profit goals, or undertake new business relationships. It is easy to see how problems stemming from a single contractual issue can rapidly aggregate into a seemingly unmanageable challenge.
If your company is suffering from an issue with a business-to-business contract, Maselli Warren has over 25 years of business contract experience ready to help your case. Our seasoned attorneys represent both plaintiffs and defendants in business-related breach of contract claims seeking damages for past rendered services and future lost profits and other remedies. Typical contract disputes which our business vs. business contract lawsuit attorneys pursue and defend involve:
- Sale of Goods
- Service Contracts
- Breaches of the Covenant of Good Faith and Fair Dealing
- Real Estate Contracts
- Contract Enforcement and Clarification
- Defense and Indemnification
- Debt Collections
How Breach of Contract Works
When the terms of a contract are ignored or violated, it is a breach of contract. However, in order for a perceived breach of contract to have legal merit, three parameters must be satisfied.
- A contract must exist. This may seem almost too simple, but it’s a critical first stage for proving breach of contract. Unsurprisingly, a written contract provides a much stronger basis for demonstrating potential breach than an oral contract, which cannot be explicitly referred to in court. Generally speaking, a written contract will always be a more accessible reference point than a verbal agreement.
- The terms of that contract must demonstrate a material breach. In this context, think of “material” as a synonym for “significant.” For example, if a contract is violated in a minor and negligible way, the departure from contractual language may not be considered material. The terms of the contract must have been disobeyed in a way that is majorly damaging to the aggrieved company.
- That breach must have led to significant damages. Not only must the breach itself be proven material, but the damages resulting from that breach must be demonstrably significant as well. If a problem can be easily fixed, or has only a very slight detrimental effect, it may not be considered a breach of contract.
At Maselli, Mills & Fornal, P.C., we pride ourselves on our results in business law and contract dispute litigation, and have a history of obtaining creative and cost-effective solutions for our clients. If your company is struggling with a breach of contract, don’t hesitate to contact the law offices of Maselli, Mills & Fornal online, or call us at (800) 891-2657.