Contracts are the lifeblood of any business. A contract is a legally binding agreement through which each party promises to do something. When a contract is valid, each party has a right to enforce it. If one party believes the other side is not living up to their end of the agreement, they can file a lawsuit for breach of contract. The commercial litigation attorneys at Robbins, Kelly, Paterson & Tucker are routinely called upon to advise and represent businesses in breach of contract litigation. We regularly handle breach of contract claims in state and federal courts. We approach each case with an eye toward our client’s overall business objectives and a keen understanding of how the breach of contract litigation fits in with the company’s overall business objectives.
If you need to enforce a contract or have been named as a defendant in a breach of contract lawsuit, RKPT can protect your interests and work to achieve an optimal outcome in your case. Contact us today to schedule an appointment to discuss your situation with one of our commercial litigation attorneys.
What Is Commercial Litigation?
Commercial litigation is the area of law that deals with representing parties in business-related disputes. Breach of contract is one of the most common commercial litigation claims filed in courts throughout the United States.
Successfully navigating a breach of contract claim can be a complex and challenging process for any business owner. To protect its interests and assert its rights, a business must handle breach of contact correctly and strategically.
Understanding Breach of Contract Claims in Commercial Litigation
Breach of contract occurs when one party fails to fulfill their obligations under a valid agreement. Common examples of activities that lead to breach of contract litigation include:
- Failure to provide agreed-upon goods or services
- Failing to finish a job
- Failure to pay on time
- Providing goods or services that are inferior
Damages in a Breach of Contract Case
When businesses are in a dispute over the terms of a contract, they can file a lawsuit seeking enforcement of the terms of the agreement. If one party did not live up to its obligations under the agreement, it may be required to pay legal damages.
Damages in commercial litigation can include:
- Compensatory damages to pay a business back for what it lost because the contract was not performed as expected.
- Nominal damages, which a party could receive if the court finds there was a breach but does not believe the aggrieved party is entitled to monetary compensation.
- Punitive damages if a party intentionally breached the contract in blatant disregard for the rights of another party.
- Liquidated damages that are identified in the contract.
- In rare cases, the court may order specific performance, forcing one party to perform their end of the deal.
Essential Steps for Successfully Navigating Commercial Litigation
Commercial litigation can be an expensive and time-consuming process. In many cases, it is best to try to avoid litigation by negotiating a resolution to a contractual dispute. But sometimes, litigation is the only alternative.
When considering commercial litigation to resolve a breach of contract claim, remember the end goal. Here, we identify some steps to consider when contending with claims for breach of contract.
- Review the contract. When there is a potential breach of contract, begin by reviewing the terms of the agreement. Identify the specific terms in question and why you believe a breach did or did not occur. Some contracts include procedures for resolving disputes.
- Document the alleged breach. Gather all relevant information about the alleged breach. This may include correspondence, email, invoices, receipts, and other documentation.
- Communicate with the other party. Reach out to the other party to try to resolve the dispute amicably. Maintain open lines of communication, explain your concerns, and try to reach a mutually acceptable resolution.
- Consult an attorney. If an alleged breach cannot be resolved informally, consider speaking to an attorney who can help you explore your options. A commercial litigation lawyer can analyze your case and help you explore your options.
- Consider alternative resolutions. It is often beneficial to consider alternative methods of dispute resolution before resorting to litigation. A business may consider working with a mediator to explore possible resolution, while some contracts require arbitration.
- Evaluate potential damages. Determine the extent of damages caused by the alleged breach, including the financial losses you have incurred or will incur, as well as the cost of litigation and any damages you can expect to receive or be required to pay.
- Explore settlement options. Remain open to settlement discussions. Settlement can save time and money and avoid the uncertainty of litigation. Discuss settlement demands and offers with your legal counsel, who can provide advice to help you make informed decisions.
- Initiate litigation, when necessary. If your attempts at resolution fail, filing a lawsuit may be your only option. Your lawyer can help you initial a lawsuit for breach of contract and can advise and represent you throughout the legal process.
How Can a Robbins, Kelly, Paterson & Tucker Attorney Help?
Our attorneys provide guidance and legal advice at every step of the process. We will:
- Review the contract to determine whether a breach occurred
- Communicate with the other parties to explore potential resolution
- Identify and quantify potential damages
- Represent your business in settlement negotiations and alternative dispute resolution (ADR) forums
- Provide guidance and advice to help you navigate the court process
Contact an RKPT Office Today
RKPT’s business litigation attorneys have extensive experience representing businesses in high-stakes breach of contract claims throughout the Midwest and in Florida, including Southern Ohio and Northern Kentucky.
We offer practical, proactive legal advice to minimize the likelihood of litigation. And when litigation is the only option, we provide cost-effective solutions to meet the needs of our clients.
To put our expertise to work for you, call (513) 721-3330 or contact the business attorneys at RKPT today.
