All individuals and businesses enter into various contracts on a regular basis. It is often only a matter of time before another party fails to uphold their end of the agreement or accuses you of failing to perform your part. When a contract dispute arises, you may think that heading to court is inevitable. The good news is that there are many ways an experienced commercial litigation attorney can help to resolve a breach of contract claim without taking formal legal action.
In some situations, another party may not realize they are in breach of a contract until you send them a letter notifying them. In other situations, if the other party has already ignored notices of the breach from you, having a demand letter sent by an attorney can often provide valuable leverage. If the other party knows you have an attorney handling the matter, they know you are prepared to take them to court, if necessary. They may resolve the matter voluntarily to prevent any further legal action.
Negotiation and Alternative Dispute Resolution
Before you file a lawsuit, it may be appropriate to have your lawyer negotiate with the other party or participate in alternative dispute resolution. In fact, many contracts have provisions compelling parties to participate in mediation or arbitration to resolve a dispute before proceeding to a lawsuit. You should have a skilled attorney review your contract and advise you of the best next steps toward resolution.
In some cases, a breach of contract cannot be resolved without filing a legal claim. On the other hand, the other party to the contract may file a lawsuit against you for a breach, to which you must respond in a timely matter. If you believe the suing party has breached the contract, you will need to assert a counterclaim.
No matter what side of the lawsuit you are on, it is critical to have an experienced commercial litigator handling your case from the very start. Litigation can be unnecessarily costly and time-consuming, so you want an attorney who understands how to negotiate for a favorable settlement offer throughout the process.
Perhaps the best way to avoid a breach of contract is to have a well-drafted and negotiated contract from the start. It is important to have all contracts reviewed by a business attorney before you sign. If a dispute arises, speak with a commercial litigation attorney before you take any action, as we can advise you on common ways toward a resolution and navigate the process for you.
Contact Our Fargo Commercial Litigation Law Firm for More Information
Many types of disputes can arise for your business, and our commercial litigation attorneys are here to help. If you have concerns, please directly email commercial litigation attorney Sean Foss at O’Keeffe O’Brien Lyson Foss. You can also call 701-235-8000 or 877-235-8002 (toll-free) to schedule an appointment to discuss your situation.