San Diego Business Dispute Resolution
Business contracts are the basis for all business transactions and relationships. Finding yourself in a business contract dispute or lawsuit is quite common in San Diego and its usually due to areas of vagueness or unanticipated developments not specified within the contract itself. Business contract disputes differ from a breach of contract as both parties may still be attempting to fulfill the agreement, and neither party has caused a material breach. However, a dispute or lawsuit may arise when the parties disagree on how the contract is to be fulfilled, when the contract is to be fulfilled or when issues of payment arise.
The business contract attorneys at Allen Barron carefully craft all business contracts to provide capture a clear and complete understanding of the parties, their responsibilities, the “benefit of the bargain” expected by both parties and details regarding the conclusion of the agreement including payment. A well crafted business contract should provide detailed verbiage regarding the quality of products or services associated with the agreement, and anticipate all foreseeable challenges which might arise and how they will be handled.
Unfortunately, many of today’s business contracts are boilerplates downloaded from a legal forms website or simply amended by the parties based upon some contract they used in a previous experience. This leaves tremendous gaps in crucial areas of contract language and the unique aspects of California law which must be incorporated into any agreement. In some cases the deal was consummated on a handshake and perhaps a few emails between the parties. Business contract disputes in these cases are all but inevitable.
Types of Business Contract Disputes
There are many facets of a contract which may lead to a dispute or lawsuit between the parties, including but not limited to:
- All Aspects of Stage or Project Completion and Associated Payment
- Failure to Disclose
- Vague Terms – Terms, Conditions and Expectations are Not Clearly Stated
- Issues of Quality or Poor Workmanship
- Breach of Trade Secrets, Non-Disclosure, Confidentiality, Data Security, Non-Solicitation or Covenants Not to Compete
- Issues of Delivery or Other Time and Performance Related Metrics
- Issues of Termination or Severance
- Failure to Determine Aspects of What Constitutes a Breach of Contract
- Oral Agreements
- Misunderstandings or Differing Interpretations of the Agreement
Resolving Business Contract Disputes in San Diego
The experienced commercial and business litigation and trial attorneys at Allen Barron are skilled negotiators. Most contract disputes are resolved through effective negotiation. We work to engage the other party, develop a clear understanding of the dispute and provide options to resolve the dispute informed by our decades of experience in these matters.
When all aspects of a contract dispute cannot be resolved through negotiation, mediation is often a timely and cost-efficient alternative. We represent our clients in mediation to ensure their goals are accomplished and to provide influence and strength to your side of the equation. Mediation is a confidential environment and the recommendations of the mediator are not binding upon the parties.
Many business contracts establish arbitration as the venue for business contract disputes to be resolved. You should always be represented by experienced trial attorneys in arbitration, even though the process itself is not as formal as court proceedings. While many of the motions and discovery is removed, most arbitrators ask for a brief from the attorneys representing each party. The arbitrator will hear testimony, review evidence and ultimately issue a “finding” which is binding upon the parties. This can only be appealed in the rare event of fraud or collusion involving the arbitrator.
The case may ultimately wind up in a San Diego court, especially if it involves a substantial amount of money. Our commercial and business litigation attorneys are skilled trial lawyers with a proven track record of success. We prepare our cases from the outset as if they are going to trial and we aggressively represent our clients to achieve the best outcome in their case.
Contact Experienced San Diego Business Contract Dispute Attorneys
If you have become involved in a San Diego area business contract dispute or lawsuit we invite you to contact us or call 866-631-3470 for a free consultation. Learn about the strategies we’ve designed to resolve these disputes in a timely manner and at a realistic cost while accomplishing your goals and the outcome you are seeking.