Contract Disputes and Business Litigation
One of the most common types of lawsuits in California Superior Court is
the breach of contract lawsuit. Businesses and individuals enter into
contracts every day, and sometimes those contracts give rise to disputes.
Whether it’s an allegation of one party failing to perform or the
other party failing to pay for services, contract violation litigation
can be a major drag on business operations and create a disruption in
cash flow.
The business litigation and contract violation attorneys at McFarlin LLP
understand the unique challenges a lawsuit can cause. When we
analyze your contract dispute, we always focus on business solutions, rather than just litigation. Oftentimes,
with a skilled litigator representing you, these matters can be resolved
through negotiation or out of court settlement to minimize risk, exposure,
and legal costs.
Call us today at
(949) 570-5025 for a free case evaluation.
Disputes That Give Rise to Contract Lawsuits
There are too many different types of contract matters to list. However,
most involve a party not paying for goods or services from the other party.
Frequently the non-paying party has what they feel is a very good reason
for withholding payment, such as inferior quality goods or poor quality
services. This is sometimes referred to as a strategic breach.
These “good reasons” take the form of defenses in a contract
violation litigation matter. Additionally, a lawsuit can give rise to
a “counterclaim” by the defendant for either strategic reasons
(settlement leverage), or because they were genuinely damaged by the inadequate
goods or services. Determining who is “right” in these matters
can be a highly fact-sensitive endeavor for a Court.
Breach of Contract Litigation Strategies
The concept of “winning” a breach of contract or any other
type of business litigation matter is more of a distraction than anything
else. Frequently, both parties can feel like they “won” by
settling the matter for some favorable terms and saving a substantial
amount of money actually litigating the case to trial.
For example, if a customer is substantially behind on payments but agrees
to pay most of what’s owed, both parties can feel like they got
something out of the other through the settlement and saved time, money,
and a business disruption in the process. At
McFarlin LLP, we feel that it is our job to find our clients a real solution to their
contract matter. Our solutions take into account the “big picture,”
including the following:
- Total costs
- Business disruption
- Employee distraction
- Management time and loss of focus on growth
- Dispute playing out in public records (court file)
- Possible negative publicity
Obviously, there are many factors to consider in a disagreement matter,
the litigation process can be long and disruptive to any business. The
attorneys at McFarlin LLP will counsel you on these and other matters
to find you the best overall solution.
