Do’s and Don’ts of Commercial Litigation Maryland Businesses Face
Today, the vast majority of businesses rely on contracts to fulfill their day-to-day operations. When you sign a contract with another business or individual, you expect them to perform their end of the bargain or agreement. When a party fails to fulfill their end of the bargain or breaches the agreement, your business can quickly run into financial trouble, potentially losing a significant amount of profit, time and resources. Similarly, if your business breaches a contract, your operations remain vulnerable to legal action. Either scenario is less than ideal and potentially costly. It is for these reasons that it’s important to speak with an experienced Maryland commercial litigation lawyer from Brown Kiely LLP as soon as you suspect that another party is in breach or that you’re in a position where you’re likely to breach a contract. In either scenario, there are legal options you can choose from to better protect your company’s interests and preserve your rights.
Contract breaches can occur in a variety of scenarios beyond a party failing to fulfill their end of the bargain. Sometimes, the dispute occurs due to differing interpretations of the terms of the contract or unexpected circumstances. It is important to remember that if a breach occurs, you need to act quickly to preserve your rights. If you or your business entered into a contract with another party that failed to fulfill their end of the agreement or your company is in danger of breaching a contract, please don’t hesitate to speak with an experienced Maryland commercial litigation lawyer today. You only have so long to act before your legal options will become compromised by filing date limitations and other factors. Don’t wait; seek legal guidance today.
Breach of Contract Case
A contract is valid when each party makes a promise, and usually, one party receives a benefit while the other receives a detriment. In order for the contract to be enforceable, you need to establish three main elements, which are offer, acceptance, and consideration. Your Maryland commercial litigation lawyer can explain whether your case may be affected by enforceability issues. Similarly, our experienced legal team can help you determine whether a breach action is possible/appropriate in your case.
In order to prevail in a breach of contract case, the party who has been harmed will essentially need to prove:
- That an enforceable contract existed (written or oral);
- Either party breached that contract; and
- That one party suffered damages or losses as a result of the breach.
Types of Breaches
Generally, a breach arises when either of the parties breaks a contractual promise. However, not every breach permits recovery in a court of law. Only when the breach diminishes value from you, the non-breaching party, can a lawsuit be brought.
There are four common types of breaches that occur in contract disputes:
- First, a material breach occurs when the defendant fails to perform its duties under the contract
- Second, a fundamental breach occurs when the defendant does not follow through with the underlying basis of the contract
- Third, an anticipatory breach occurs when the defendant clearly informs the other party that it is not going to perform their duties under the contract
- Fourth, minor breaches occur when the defendant commits errors while performing its duty under the contract, but generally completes performance
An award of damages under contract law is meant to compensate the aggrieved party, for all the detriment suffered as a result of the defendant’s breach. These damages are usually the amount of money based on the terms of the contract, plus interest. In certain cases, additional damages may be available for recovery.
Seeking Legal Guidance
Pursuing a contract-related legal claim on your own can be very difficult, if not impossible. If your business either needs to hold another party legally responsible for its actions or your company is at risk of being held to account in court, contact an experienced Maryland commercial litigation lawyer today to preserve and explore your options.
Do you need a Maryland breach in contract litigation lawyer? When you are part of a company or a commercial business, it is highly likely that at some point in your career a legal dispute will come up that involves a breach in contract. When this is the case, should you spend the time and money getting the right MD breach in contract litigation attorney, or is this something that you can take care of on your own? Having an attorney on your side from the start is a good idea, and even if you are not embroiled in a stressful legal dispute, having an attorney from Brown Kiely, LLP on your side and ready to represent you can prepare you even for the worst of situations, even with commercial litigation in Maryland. When you have a Maryland breach in contract litigation attorney ready, you can even mitigate the costs and time of a potential lawsuit which will benefit your company greatly. While you can still get help if you are in the middle of a lawsuit, hiring one from the start can prove to be especially valuable.
Top Four Reasons to Hire a Maryland Breach in Contract Litigation Attorney
Even if your business is not currently dealing with a breach in contract, it can still be highly beneficial for your company to work with a commercial attorney. Below, you will find some of the most common ways they can help.
- You Can Feel Most Prepared. When it comes to business disputes like a breach in contract, it may seem like the dispute can easily be settled outside of court. When this is the case, you may feel overly confident about your own settlement tactics or you may be giving the other party too much credit. Instead of relying on your own means to settle outside of court, come prepared with a MD breach in contract attorney who can prepare your business in advance for potential lawsuits and who can be there at the early signs of trouble.
- Don’t Backtrack. When you trust the attorneys from Brown Kiely, LLP from the beginning, you do not have to worry about any kind of backtracking or getting them up to speed when it comes to your business dispute. This can cost a great deal of time and money and it can make your case even more difficult. The sooner you bring one of our lawyers into the loop, the sooner we can help you out.
- More Time Spent is More Money Spent. While you may think this is true with an attorney, the same is also true for you. The more time you spend on a legal matter, the more money you must spend too. Having an attorney on your side early on can help the litigation run much more efficiently.
- Spend Time on Your Business, Not the Breach in Contract. You should not have to worry about coming up with negotiations and fighting for your business in these disputes. That is precisely what an attorney is for. Instead, focus on how you can continue running your business to the best of your ability and leave the legal matters to us.
Having an attorney from Brown Kiely, LLP on your side can make your business run smoother. If you would like to get in touch with us and speak with a Maryland breach in contract litigation attorney, contact our office now!