Contract Disputes Attorneys
Burkhalter Kessler Clement & George LLP is a trusted resource when it comes to representing businesses in contract disputes. We know how time-consuming and costly litigation can be. To that end, we work efficiently and effectively to protect our clients’ bottom lines.
Our lawyers can assist when contract disputes arise over the following reasons:
- Noncompete agreement — Companies spend a significant amount of resources training new employees. Noncompete clauses are often necessary to protect their long-term financial and professional interests. Disputes often occur when an employee violates their contract by competing with employers.
- Breach of contract — Contracts set forth obligations that the parties involved have agreed to. Litigation can result when one party chooses to ignore a clause within the contract.
- Tortious interference — California businesses are not immune from competition. When a business entity purposefully interferes with the contract of its competitors, this may be a cause for legal action.
- Partnership disputes — Business partners or shareholders may not always fully agree. When their visions for the company do not align, disagreements may arise. If both parties feel strongly enough about their side of the issue, litigation can ensue.
Types Of Contracts Common In Business
Contracts come in various forms, each serving different purposes. The most common types of business contracts include:
- Employment agreements
- Partnership agreements
- Licensing contracts
- Vendor agreements
- Independent contractor agreements
- Nondisclosure agreements
- Sales contracts
- Service agreements
- Commercial contracts and leases
- Construction contracts
- Franchise agreements
These contracts can be written or oral contracts, though written contracts are preferred for their clarity and enforceability.
Elements In Valid Contracts
For a contract to be legally binding, it must include specific elements:
- An offer
- Acceptance
- Consideration (something of value exchanged or gained)
- Mutual agreement and the intention to create a legal obligation
If any of these elements are missing, the contract may be unenforceable. A contract dispute attorney often deals with breaches of contract cases where one or more elements are disputed.
Common Issues With Contracts
Contracts can encounter various issues that lead to disputes. One of the most common issues is a breach of contract. This occurs when one party fails to perform their obligations as stipulated in the agreement.
Breaches can be classified into several types, such as:
- Material breach
- Substantial failure
- Partial breach
- Minor breach
A material breach is significant enough to undermine the contract’s purpose, allowing the nonbreaching party to seek damages or terminate the contract. On the other hand, a minor breach might only result in a small claim or require remedial action without voiding the contract.
Contract dispute lawyers often handle these issues by interpreting the contract’s terms and assessing whether a breach of contract claim is justified. They can address common problems like ambiguous terms, unclear responsibilities and insufficient provisions for breach consequences.
Breaches of contract can stem from various causes, including:
- Misunderstandings
- Nonperformance
- Disputes over contract interpretation
Having a contract attorney can be invaluable in navigating these complexities and helping ensure your rights are protected, whether through negotiation, mediation or litigation.
Understanding these common contract issues and the essential elements required for a valid contract can help manage and mitigate potential disputes. If you are dealing with a breach of contract action or any contract-related issue, our business contract dispute attorneys can help protect your interests and achieve a favorable resolution.
Helping Clients Determine The Best Path To Resolution
Disputes do not always have to end in trial. Taking a dispute to court can be costly for all involved. While we recognize that every situation is unique and some may require litigation, we work closely with our clients to explore all possible avenues for reaching an efficient and effective resolution to their contract dispute.
While we are recognized nationally as a leading trial law firm, we have extensive experience using alternative dispute resolution methods to resolve complex contract litigation cases. Whether you choose to litigate your business dispute or seek an alternative approach, our attorneys are ready to represent your interests.
To learn more about our services or to discuss your concerns, call us at 888-714-1738. You may also schedule a consultation at either our Irvine or Westlake Village office via our online intake form today.