Everything You Need to Know About Contract Disputes
Contract disputes arise when one or more parties in a contractual agreement insists the terms of the contract have been breached. The types of contracts can vary dramatically based on the circumstances, but the most common types of contractual agreements often involve sales of goods, services rendered, leases, and employment agreements.
Common causes for contract disputes might include:
Poorly written contracts
Ambiguities in wording
People making verbal agreements without putting them in writing
One party not living up to expectations
Misunderstandings
Knowledge of a misrepresentation, but deciding to move forward anyway
A contract dispute does not necessarily mean a lawsuit is in your future . Contract disputes may be resolved with an attorney’s help through negotiating, mediating, or the alternative resolution of the issues. Some contract disputes will require litigation. Understanding how contract disputes work is important so that you know when to seek legal counsel and how to deal with an attorney over a contract dispute.
The Responsibilities of a Contract Dispute Lawyer
A contract dispute attorney plays a vital role in commercial and civic litigation by protecting the rights of individuals and organizations on a case-by-case basis. In most cases, an individual or organization has either failed to perform their duties as required by the contract, or has made false or misleading representations to a party so that they may lead the party to signing the contract. If your state has a statute for fraud, the fraudulent behavior can result in civil action. While specific contract disputes and damages will vary from case to case, the following are examples of typical cases that a contract dispute attorney will handle: • Failure of a construction company or contractor to comply with agreed-upon plans, resulting in leakage or other significant flaws in the building structure. • Unforeseen issues when implementing engineering, software, design or other technical products, resulting in a product that often fails to meet the expressed intentions of the parties. • Breach of fiduciary duty by a broker or other type of advisor that results in financial loss. • Sales of real estate or other significant business without full disclosure of issues that would negatively impact the property or business. In these and other cases, a contract dispute attorney will work with his or her clients to thoroughly examine the contracts at issue, as well as help determine whether any other damages have occurred. In some cases, the contract dispute may not be solely focused on contract disputes, but rather on fraud or other criminal issues. Depending on your case and the circumstances at hand, the contract dispute attorney will have several different decisions to make when it comes to resolving their clients’ issues. Most commonly, the contract dispute attorney will pursue resolution through contact with the party at issue and while seeking mediation to settle the contract dispute quickly and painlessly. This is a win-win situation for all involved, and it is important for a contract dispute attorney to have strong negotiation skills in order to make a settlement work for everyone involved. It is important to note that while mediation and settlement are easy, contract dispute attorneys often find these methods will not be able to address the issue. As a result, contract dispute attorneys must be ready to go to court if necessary – simply as a method of resolving the issue at hand and getting you back the money you are owed. If you have found yourself involved in a contract dispute situation, contacting a contract dispute attorney may be one of the smartest legal moves you can make. A contract dispute attorney can help you determine whether there is a way to settle your situation amicably, or to file suit against the offending party if necessary.
Top Traits of a Contract Dispute Lawyer
When looking to hire a contract dispute attorney, there are a few key qualities to keep in mind. The first is experience. You’ll want to find a lawyer who has a significant amount of experience in handling contract disputes. Ask the attorney or his or her office about their experience and be sure to get their professional background on paper. Another important quality to look for is a track record of success. Find out how many of the attorney’s cases have ended in triumph or resolution, and what types of contracts they typically handle in court. As you go into the interview process with these candidates, learn how they handle cases that aren’t successful. What do they do to manage the fallout for their clients? Communication skills are also incredibly important. Make sure that the contract dispute lawyer has a manner of communications that meshes well with your style – whether you prefer phone calls or email, or if you like communicating through an intermediary. No matter your preferences, make sure that this attorney can meet them. You might also want to peruse through the contract dispute attorney’s testimonials from former clients. Though these could be biased and phony, many law firms have them available online through their websites and all you need to do is read through them and make up your own mind about how you feel after reading them.
How to Locate a Local Contract Dispute Lawyer
Finding the Best Contract Dispute Attorney Near You
There are a number of forums to try to find a contract dispute team that may be able to help you with your needs. While none of them can guarantee the best or perfect lawyer for you, they all can be useful and deserve your consideration.
The Bar Associations
While not necessarily a perfect resource, I have found local bar associations to be helpful in locating attorneys, as many (but not all) local bar associations maintain a list of attorneys responsible for particular practice areas, and will provide a copy of that list to the public. Call your local bar association and ask if they have such a resource. This is particularly useful if you are looking for a lawyer who is near where you live.
Legal Networks
Among the most common ways to find a lawyer these days, legal networks are basically a collection of local or national law firms who are agreed upon and advocated for within the group as being the cream of the crop for a particular practice area. Keep in mind that legal networks are paid a commission by their member law firms, so these are not generally your top resources if you are looking to hire a trusted and objective attorney. Of course, there are exceptions to the rule, as always. However, don’t be surprised that the network’s "top attorneys" have already made into the hall of fame without any help from those networks. Many top-rated attorneys, when they do not require surgery soon thereafter, brag about their national or regional awards, but don’t mention their membership in any legal network. They also don’t put much stock into their fellow legal network members, having faced off against them on too many occasions to get overly impressed.
Online Legal Directories
Online legal directories vary greatly in reliability, as some allow attorneys to add themselves into the directory, some charge an annual membership fee to stay listed and some simply consider attorney quality from independent articles. What we know for certain is juries are least impressed by online legal directories and rely far more heavily on in-person and word of mouth experiences. I recall jury deliberations always revealed the tendency of jurors to assign most weight to personal references or involvement. They also felt free to ignore certain listed awards or directories (or even declare them to be offensive) because they did not see them as relevant to the case they just heard. In fact, I have never faced a case in which an online directory played any role in juror deliberations, and in several in which it was rifled through without even meriting a glance.
Questions to Pose at Your Initial Consultation
In order to make a choice on which of the many contract dispute lawyers is most suited for your needs, you should ask the following questions in your initial consultation:
- What types of contract disputes have you handled?
- What are the most important factors in winning a contract dispute? Do you like to try to resolve contract disputes that are based on specific facts in the context of a business relationship?
- If a contract dispute requires litigation, have you taken trials through the end? What is your litigation process?
- Can you give me an estimate of your fee structure? Does a contract dispute fee depend on the lawyer(s) involved?
- Do you charge hourly fees ? If so, will you provide estimates on how much my contract dispute will cost each month?
- Do I have to engage in a retainer agreement with you or your law firm?
- To whom do you delegate contract dispute cases in your law firm?
After asking these questions you will have a very good judgment of the type of contract dispute lawyer that you may want to hire .
Average Cost for a Contract Dispute Lawyer
Cost Considerations When Hiring a Contract Dispute Attorney
An important factor when choosing a contract dispute attorney is cost. Many legal matters will vary based upon time and complexity, which can affect an attorney’s fees. At Lipcon & Lipcon, our contract dispute attorneys understand the importance of a budget. We pride ourselves on being upfront with costs and setting realistic expectations from the start.
Attorneys may bill on an hourly basis and set up a retainer account. This means that you pay an upfront amount and that is placed in a trust account. An attorney will bill the hourly rate and deduct the amount of time worked from the retainer. Alternatively, many attorneys work on a contingency fee basis. This means that the fee for the attorney’s legal services is contingent on the outcome of the case. For example, if your matter goes to trial or settles, the attorney will retain a certain percentage of the recovery, and you will receive the remainder of the recovery. This is frequently used when the attorney believes there is a good argument for success and the recovery will exceed his/her fees.
Regardless of the fee arrangement, you will need to pay costs that are incurred. This may include filing fees, deposition and court transcription fees, and other out of pocket expenses.
Benefits of Settling a Contract Dispute With Legal Representation
As previously mentioned, most contract disputes arise out of a misunderstanding of what the terms of a contract were. If you were not represented by legal counsel, and you find yourself in a dispute, it is of no use attempting to resolve the matter with the other party yourself. It is in the companies that made an error’s best interests to keep things simple and minimal. When parties to a contract dispute seek legal aid, they are legally making it possible for a fair process to occur . Negotiation becomes a legal affair where the two parties involved have the help of experienced attorneys to make sure their rights will be protected and honored. So there are tremendous benefits to seeking an attorney. If you live in the Nassau County or Suffolk County areas and you need representation for any sort of contract dispute, contact the attorneys here at Jacoby & Meyers LLP.