Sometimes, despite the best of intentions, businesses get involved in disputes that require the assistance of lawyers. The best business litigation attorneys focus on resolving these disputes effectively, efficiently, and economically. Early alternative dispute resolution is often a viable solution, but it may also involve lawsuits and trials in State or Federal court.
These types of disputes may involve:
- Contract negotiation
- Breach of contract / warranty
- Business torts
- Construction law
- Employment disputes
- Formation of LLCs/Corporations
- Distributor/Wholesaler Agreements
- Real estate
- Partnership and shareholder disputes
When someone fails to perform on the contract, the innocent business suffers. The harms and losses that follow often extend beyond the immediate inconvenience of getting less than promised; the breach can also cost future profits if the business is unable to serve its clients as a result.
Remedies for breach of contract may include:
- Compensatory damages: Reimbursement for immediate monetary loss
- Consequential and incidental damages: Compensation for additional foreseeable losses caused by the breach
- Attorney fees and costs: Amounts available only if the contract or statute expressly states they are recoverable
- Liquidated damages: Amounts specified in the contract that are payable for particular breaches, such as late or substandard performance
- Specific performance: Court order requiring the breaching party to fulfill the terms of the contract
- Punitive damages: Penalty for a party’s objectionable behavior, meant to punish the breaching party and discourage other parties from acting in a similar manner
- Rescission: Cancellation of the contract, with both sides excused from further performance and payments made under the contract returned
- Reformation: Change in the terms of the contract when the court believes there was an honest misunderstanding about what was to be performed
As an experienced negotiator and trial lawyer for almost forty years in Orange County, I recognize that the cost of traditional litigation can easily exceed the amount of the contract. This is not a viable solution for your business. Fortunately there are other, less costly and speedier solutions, including mediation and arbitration, that can deliver the same remedies.
I am ready to handle your case. I will advise you each step of the way, but you will remain the final decision maker on what is best for you and business. I will work with you and for you to obtain the best possible outcome. It is our practice to copy you with all material that develops during the prosecution of your claim and to take your telephone calls whenever you want to talk.
If you are involved in a business dispute, call my office today at 949-679-1765 to schedule a time to meet and talk.
These results, testimonials or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.