Representing Your Business In Contract Disputes
Last updated on April 2, 2024
Contracts form the foundation for successful relationships between businesses. When the terms of a contract are violated or the parties cannot agree on their interpretation, the results can be devastating to a business’ ability to successfully function.
With so much on the line it is crucial to have an experienced, proven advocate looking out for your business. In the greater Detroit area, that means turning to Brown Borkowski & Morrow. Our attorneys have a long history of successfully resolving contractual disputes in a way that protects the financial and legal interests of our clients.
A Personalized And Results-Oriented Approach To Contract Disputes
We handle all types of contract disputes, including those stemming from:
- Contracts between businesses and consumers
- Vendor disputes
- Supplier disputes
- Commercial lease disputes
- Employment contracts
- Real estate purchase agreements
- Licensing and franchising agreements
What Is A Breach Of Contract?
A breach of contract is when a business or another party cannot uphold their end of the deal. Breaches happen all the time in the business world. No matter the cause for dispute, it is essential for you to learn about the diverse ways contract breaches can occur, so you can take the proper steps to resolve them and possibly avoid litigation. A contract breach can happen in four ways: material, immaterial (minor), actuarial and anticipatory. The most common types of business contract disputes involve material and minor breaches.
- Immaterial breaches occur when someone does not deliver the quality of products or services outlined in the contract. Minor violations can also occur when goods and services are incomplete or delivered in an untimely manner.
- Material breaches occur when a party or entity delivers services or goods that drastically differ from expectations outlined in the contract.
- Anticipatory breaches arise when someone makes it known that she or he plans to honor the terms of the contract, but that person does not deliver the goods or services until after the passing of the deadline.
- Actual breaches happen when a contracted person or entity fails to abide by the contracted deadline for the delivery of goods or services. Actual breaches also occur when the person/entity in breach does not deliver or provide the full amount of goods or services as detailed in the contract.
What Are The Defenses To Breach Of Contract?
If you fail to live up to the terms of a valid agreement, a Michigan judge may find you to be in breach of contract. The types of penalties that may be levied against you depend on whether the breach was considered to be material in nature. There are several defenses that might be used to dispute the notion that you did anything to cause harm to another party.
Were you forced to sign an agreement against your will?
If you were forced to sign a contract under duress, there is a good chance that a judge will declare it invalid. The same will likely be true if a court finds that you were forced to agree to a deal because of the undue influence of another party. Undue influence may occur if the party that forces you to agree to a deal has some sort of financial, physical or other type of power over you.
Has the statute of limitations expired?
Typically, the plaintiff has up to six years to seek damages if he or she believes that you violated the terms of a valid contract. After the statute of limitations expires, it’s unlikely that a judge will agree to hear the matter. An attorney may be able to help you determine if a lawsuit has been filed in a timely manner.
Was there a misunderstanding?
It isn’t uncommon for business and corporate disputes to occur because of misunderstandings. For instance, you may have thought that a delivery was due within a calendar year while the other party thought that it was due by the end of the current calendar year. It isn’t uncommon for arguments about a contract’s language to be resolved by simply rewriting the deal so that everyone understands their obligations.
If you are accused of breaching a contract, it may be in your best interest to contact an attorney. Our attorneys will be able to review the deal to determine if a breach occurred and how to resolve the matter in your favor.
Contract Disputes Are Only The Beginning
We pride ourselves on our ability to protect the interests of our business clients at all stages. Clients who come to us for representation during a contract dispute often return to us for assistance with annual reports, corporate minutes, employment law issues, and other commercial litigation. Our team takes the time to understand a businesses’ operation in order to head-off potential issues before they become a threatening legal matter.
Put Brown Borkowski & Morrow On Your Side
You do not have to go another day without the representation you need during a contractual dispute. Call 888-757-1681 or contact us online to schedule a free initial case review with an attorney from our firm.