Breach of Contract
While most companies feel optimistic regarding the success of many transactions at the outset, the sad reality is that many deals – no matter how carefully planned or negotiated – often fall apart, whether due to unforeseen circumstances or the misconduct of one or more parties. In many cases, unscrupulous businesses seek to take advantage of perceived ambiguities in contracts to attempt to escape their obligations there under. Some companies and individuals even go so far as to falsely claim that a contract has been breached in order to, among other things, try to renegotiate a deal on more favorable terms or try to find a better deal elsewhere.
In all cases where a breach of an agreement has occurred or is threatened, it is crucial to get an experienced business attorney on your side as soon as possible. In fact, the actions that you take with respect to an agreement before the dispute goes to court can often be the most important factor in determining whether the outcome of a court action will be successful. An attorney can be helpful in guiding you through some of the common issues faced by parties to a transaction, such as the following:
- A supplier has notified you that it will be unable to deliver the products you ordered on time and you believe that your obligations to your customers may be threatened by the late delivery. Should you wait and see if the supplier performs, seek to obtain the products from a different supplier, or immediately sue for breach?
- Due to unforeseen circumstances outside of your control, you feel that it may be difficult or impossible for you to perform your obligations under the contract. What steps should you take to minimize the potential harm in the event you are found to have breached the contract?
- Another party to the transaction has sent you a formal letter claiming that you are in breach of an agreement. Should you continue trying to fulfill your obligations or suspend further performance until the issue is resolved?
- Another party to the transaction claims that a certain provision of the agreement is vague or unenforceable while you believe that the provision is clear with regards to setting forth the parties’ obligations. Should you continue trying to perform under the contract based on your understanding of the allegedly vague or unenforceable term, adopt a “wait and see” approach, or declare the agreement breached and sue to enforce the agreement?
- A former employee of your company has signed a non-competition agreement, but is now actively attempting to contact your customers and suppliers to secure their business. How will a court interpret the agreement with regards to the limitations on the former employee’s right to compete with your business?
Years of Experience Handling Contractual Disputes
Addressing these and other issues requires substantial familiarity with all applicable laws, regulations, and rules of contractual interpretation. The attorneys at Weisberg & Weisberg in Newport News, VA, have years of experience representing companies and individuals in a broad range of contractual disputes. Our attorneys have litigated a multitude of contract disputes including those pertaining to construction projects, sales of goods and services, real estate, commercial and residential leases, confidentiality agreements, employment contracts, and many others.
Although proceeding to court is sometimes necessary to enforce contractual rights, we firmly believe that our clients are sometimes better served by making significant efforts to resolve the dispute without resorting to the judicial system, which often results in reduced expenses and the potential for preserving important business relationships. However, if court action is necessary, we are equipped to provide aggressive representation and will utilize every tool at our disposal to increase the likelihood of a positive outcome for your contractual dispute.
Contact Our Newport News Office Today
If you believe an agreement has been breached, or is about to be breached, or if another party to a transaction is claiming that you are in breach of your obligations under a contract, contact Weisberg & Weisberg to discuss the best strategy for enforcing your contractual rights.
PLEASE NOTE THAT THE FOREGOING IS OFFERED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CONSTITUTE, NOR SHOULD IT BE INTERPRETED AS CONSTITUTING, LEGAL ADVICE. YOU SHOULD CONSULT WITH AN ATTORNEY TO DISCUSS YOUR OPTIONS WITH REGARDS TO CONTRACTUAL DISPUTES..