Fayetteville, Arkansas Contract Dispute Attorney
A contract dispute can arise for several different reasons and at any stage of a professional relationship. For example, you may have issues with forming an enforceable contract or ensuring that another party completes the performance the contract requires. Whatever contract issue that you may have, you likely want to resolve it as soon as possible to avoid losses to your business. If your business is in the midst of a contract dispute, you should consult with an experienced Fayetteville contract dispute attorney.
At Gunn Kieklak Dennis, LLP, our contract dispute attorneys are dedicated to providing your business with legal representation tailored to your unique needs. We will help you to understand the implications of certain types of contract disputes and to identify appropriate steps to handle the dispute. To schedule a confidential consultation to discuss your contract dispute issue, contact us at 479-717-9068.
Common Types of Contract Disputes
There are many different types of contract disputes, but there are some issues that occur more frequently than others. When these issues occur, they can cause many problems for a business owner that was not expecting the problem to arise. The following is a list of common contract disputes.
Lack of a Valid Contract
One common contract dispute is whether the contract you entered into is valid. To be valid, a contract must meet several requirements. One requirement is that all parties to the contract must be able to enter into a valid contract. This means that one party cannot have an issue like being mentally infirm. Other requirements for a valid contract include:
- Subject matter: The subject matter of a contract must be clearly stated for the contract to be valid.
- Legal consideration: There must be legal consideration for a contract. This means that all parties must exchange something of value, whether by providing payment for goods or services or providing the goods or services.
- Mutual agreement: All parties to the contract must agree to every term of the contract. If all parties cannot agree on all terms, there is no contract. Additionally, if a party voices their concern about a particular term but signs the contract anyway, the contract is valid.
It is also important to remember to get all parties to sign the contract, or it will be invalid. While oral contracts can be valid, it is better to have a written contract that you can refer to in the event of a breach.
It is always a good idea to consult with an attorney when drafting a contract for goods or services. There are many nuances to contract law that may slip your mind when you are preparing the contact, and a contract attorney can provide you with provisions that will help to protect yourself and your business.
Breach of Contract
Breach of contract, also referred to as defaulting on a contract, occurs when one party does not fulfill the contract terms that were agreed upon. Generally, there are four elements to a breach of contract claim:
- The parties must have entered into a contract
- The contract required that both parties perform or refrain from performing a certain act
- One party did what was required in the contract
- The other party did not fulfill their contract obligations
A breach of contract claim can cover practically any topic. For example, if you entered into a contract to purchase or lease real estate for your business, and the seller did not deliver the property as contracted, this is a breach of contract. Another common type of breach of contract is when a supplier cannot secure goods or materials as promised in a sales contract.
If you entered into a contract that was breached, you might be entitled to damages. These damages typically cover any financial harms you faced because of the nonperformance. For example, if a real estate contract was breached, you may be able to receive compensation for losses incurred by your business. This might include storage costs if you needed to move assets onto the property or possibly the extra costs that your business incurred when finding another replacement piece of real estate.
There are various other kinds of contract disputes not listed here that may also negatively impact your business.
Get Help from an Experienced Fayetteville Contract Lawyer Today
If your business needs assistance resolving a contract dispute, you should contact an experienced Arkansas contract dispute attorney today. Contract disputes can cause your business to suffer in many ways, and you should look to rectify a contract issue quickly. At Gunn Kieklak Dennis, LLP, our diligent lawyers are prepared to help you deal with various types of contract disputes. To schedule a confidential legal consultation, contact Gunn Kieklak Dennis, LLP at 479-717-9068.