Contract Disputes: How A Lawyer Can Help
Posted by on Feb 15, 2018 in Blog, Civil Litigation
People rely on contracts to define the bounds of an agreement. Contracts are used in a variety of businesses, and are put in place to make sure both parties understand what’s been agreed upon and what is to be expected. So what happens when someone doesn’t hold their end of the contract up? A contract dispute. Contract disputes occur when any party in a contract has an issue or disagreement regarding the contract terms. If a contract is not mutually agreed upon by all parties involved, it may be taken to court and contested. Read on to learn a bit more about contract disputes and how the lawyers at Heritage Law can help you should you find yourself on either end of a contract dispute.
Types of Contract Breaches
Generally, a contract dispute comes out of a breach of contract, which means that one party failed to uphold their end of the contract. There are two types of contract breaches:
- Material Breach
A material breach in contract occurs when a party fails to perform one or more essential contractual duties which results in the purpose of the contract being nullified. For example, your contract with your electrician states that they are to use copper wiring because of the added safety benefits; however, the electrician decides to use aluminum because it saves them money and doesn’t tell you. In a material breach, the non-breaching party is no longer required to uphold their part of the contract, and are able to sue the breaching party for any damages caused. - Minor Breach
A minor contract breach occurs when the breach is so minor that it doesn’t disrupt the main purpose of the contract. For example, your contract outlined the use of tempered glass in your home, however ordinary glass was used. Once the contractor realized the mistake, they ordered the tempered glass and made the fix for no extra charge. In minor breaches, both parties are still required to uphold and carry out their portion of the contract, but the non-breaching party is still able to sue for any damages.
Common Types of Contract Disputes
Contracts are extremely common in business. Some of the most common types of contract disputes come out of:
- Unpaid invoices or loans
- Mortgage actions
- Contractor agreements
- Service contracts
- Partnership agreements
- Insurance recovery
- And many more!
How Can A Lawyer Help
If you find yourself in a contract dispute, a lawyer can help make sure any negotiations run smoothly. There are two main ways a contract dispute is generally remedied, either through legal or equitable means. Legal remedies involve monetary damages that are awarded to the non-breaching party for their losses, and equitable remedies involve both parties taking actions to correct the dispute.
With over 30 years of legal experience, the team at Heritage Law is ready to help you manage your next contract dispute. Contact us today to schedule an appointment.
