As a business owner your professional life involves contracts. You may have contracts with your employees to ensure they perform their jobs. Vendors you use or provide services to may want your agreements to be in writing. You also use contracts to run your business, such as leasing office space.
How do you force someone who is not performing their part of a contract take action? What happens when forces beyond your control result in you being unable to perform under an agreement? A contract attorney with Christopher M. Sprysenski, P.A. can assist you in protecting your rights under a business contract.
A contract attorney should assist you in first determining whether the following facts exist that are require for a breach of contract lawsuit to be filed:
The existence of a contract requires that both parties to the contract have some sort of obligation that requires their performance. While a contract can be in writing or made verbally, some types of contracts must be in writing. The time within which you must enforce a contract also depends upon whether the contract was made verbally or in writing.
A contract attorney must carefully examine the set of facts surrounding a contract’s formation to understand whether a lawsuit can be filed upon a contract. Additionally, a contract attorney must allege specific types of facts in the lawsuit to insure the lawsuit is not dismissed by the court. Finally, a contract attorney should consider such aspects of your litigation as jury instructions to insure all elements of proof are presented.
Multiple defenses exist to a breach of contract case. A contract attorney should carefully review all of the facts surrounding the formation of the contract and the performance under it to identify how to raise or rebut a defense.
Waiver is one of the most common defenses raised to contract lawsuits. This means that one party to the contract was aware of the nonperformance, but waived its ability to enforce the provision. A waiver can be expressly communiated between the parties. Other times, a waiver can be implied by the parties’ actions.
Sometimes a party’s own actions result in the other party being unable to complete their performance under the contract. If one party prevents the performance of the other, a contract attorney can raise this prevention as a defense.
It may also be impossible for you to perform under the terms of a contract. Examples of this defense include “acts of god,” such as severe weather events or other accidents, that make performance under the contract factually impossible.
Whatever type of contract lawsuit you need assistance with, a contract attorney with Christopher M. Sprysenski, P.A. can assist you with creative and cost effective representation. A contract attorney with our firm will carefully review the terms of the contract to help you avoid “pitfalls” in your case. Call us today at 407-630-8485 to schedule a unique consultation where our staff can assist you and allow you to focus on your business instead of litigation.