27Feb 2023 by Pat Geddie
Do All Business Disputes Go to Court?

Do All Business Disputes Go to Court?

Contract Disputes
Although you may have an image in your mind of every case ending up in front of a judge, the truth is that a trial is very rare in any kind of court case. There are many off-ramps before you reach an actual trial that could resolve your dispute. Many parties are able to reach a resolution without going to court at all. They may engage the other party through their attorney and work out a solution after some negotiation. If the dispute is more difficult, the parties may hire a mediator to help them talk with each other, or they may go to arbitration. Even if one party files a lawsuit, the case would most likely be resolved before it reaches a trial. If the judge does not dismiss…
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06Aug 2022 by Pat Geddie
Do Contract Disputes Go to Court?

Do Contract Disputes Go to Court?

Contract Disputes
While contract disputes are not inevitable, they happen more often than you think during the course of performance. In some cases, they will end up in litigation, but that does not always mean that your case will end up in front of a judge. There is a difference between a case going to court and going to trial. Many cases will go to court when one or both parties file a lawsuit. However, you may work on negotiating a settlement at some point during the legal process. It is common for both parties to resolve their difference between the time that the lawsuit is filed and when the case would go in front of a judge or jury. In fact, a civil trial is very rare. Most cases will settle…
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28Mar 2022 by Pat Geddie
When is a Contract Provision Unconscionable?

When is a Contract Provision Unconscionable?

Contract Disputes
While two people generally have the freedom to enter into a contractual agreement with one another, there are some limits. One party cannot strike a bargain that takes advantage of their bargaining power that is so significantly unfair and unbalanced that it would be considered unconscionable. In that case, the court may decline to enforce the agreement. An unconscionable contract is one that is unfair and oppressive to another party. The terms of the contract would suggest that one party had much more power in the formation and took advantage of it through these contract terms. This contract is so one-sided that requiring performance would be unjust. This is one example where a court would intervene to save someone from themselves when they have agreed to a lopsided contract. The…
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01Sep 2020 by Pat Geddie
Resolving a Contract Dispute

Resolving a Contract Dispute

Contract Disputes
Both businesses and consumers enter into contracts on a regular basis. Contracts can involve purchases of products or services, business-to-business transactions, real estate matters, and much more. One thing that most contracts have in common is that a dispute regarding the contract can be costly. Contract disputes often arise when one party accuses another party of breaching the contract. A breach can involve a lack of promised performance or the failure to abide by the terms of the agreement, among other allegations. Contract disputes can result in losses or liability for parties, and it is best to resolve the conflict as efficiently as possible, often allowing the contract to proceed. A business litigation lawyer in Boca Raton can help you do just this. Methods of Resolution Not every contract dispute…
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04Mar 2019 by Pat Geddie
Addressing Partnership Disputes

Addressing Partnership Disputes

Contract Disputes
Starting a business with one or more other people can be beneficial in many ways. You can divide the leadership roles, allocate management duties, and have different perspectives for growth and problem-solving. However, having more than one owner also presents the opportunity for partners to disagree on certain issues, and a dispute can arise. You do not want a conflict between partners to threaten the success of your business, so you should discuss how to address the issue with a Boca Raton contract dispute business lawyer as soon as possible. Common Partnership Disputes Disputes can arise regarding many issues and aspects of the company, including: Financial rights and obligations Authority issues Workload distribution Company objectives Income Whether the dispute is about the direction of the business or financial issues, allowing…
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15Aug 2018 by Chris Gerspacher
3 Tips for Handling Contract Disputes

3 Tips for Handling Contract Disputes

Contract Disputes
In almost every industry, legal contracts form the backbone of business interactions. From making large purchases to hiring vendors and employees, the pieces of paper you sign can deeply impact all of your professional relationships. While you may assume that the language of your contract is clear, people may interpret things differently, leading to confusion over the expectations of each party involved. The fine print is one of the most common factors that can lead to contract disputes, with other issues stemming from contracts that are formed without input from all parties involved, without being drafted by the help of an attorney, and contracts which fail to designate contingency plans for unexpected events or changes. If you are facing a dispute over a business contract, just know that you are…
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