Guide to Disputing Contracts in Arkansas
Whether you own a business in Arkansas or you are a self-employed individual offering services, you should frequently utilize contracts when working with clients and others. However, even a seemingly airtight contract may lead to issues after a period of time. That is why it is vital to understand your rights when engaged in a contract dispute. If you need legal assistance after being involved in a contract dispute in Arkansas, do not hesitate to contact an experienced Fayetteville contract dispute lawyer as soon as possible.
At Gunn Kieklak Dennis, LLP, we recognize the role contracts play in business, and we can help you resolve a contract dispute with a client or other party. Our firm can also assist in the revision of a contract that does not provide you with adequate legal protections. To work with one of our skilled contract attorneys, contact Gunn Kieklak Dennis, LLP at (479) 717-9068, to schedule your confidential legal consultation. You can also contact us online.
Steps to Help You Dispute a Contract in Arkansas
We all have been a party to a contract at some point in our life; this is especially true if you are the owner of a business. When entering into a contract, it is important to remember that the contract may be called in to question if a dispute arises between the parties to the contract. If a contract with a client or other party has led to a contract dispute in Arkansas, you should consider the following steps to help you manage the contract.
Ensure the Validity of the Contract
To form a valid contract, certain conditions must be met. Specifically, a contract must discuss the subject matter of the agreement, legal consideration, and mutual assent.
Subject matter refers to the purpose of the contract. For example, if you are engaging in the sale of real estate, the property that is being sold should be clearly identified, and the price should be specified.
Legal consideration is payment in exchange for goods or services or the exchange of goods and services. Payment should be proportional to the goods or services being exchanged. For example, a new model vehicle would not be sold for an extremely low price.
Mutual assent means that all parties to the contract agree to all terms outlined in the contract. If one party does not agree to the terms of the contract, then it cannot be valid. However, once a contract is signed by all parties, it is considered a valid agreement. As a result, a person or company may attempt to defeat a contract by stating that they did not sign the contract.
It is also important to note that oral contracts can only be enforced under limited circumstances. You will have an easier time prevailing in a contract dispute if you have a physical document to refer to.
Examine Terms of the Contract
A thorough contract will consider what will happen in the event that a contract is breached. For example, force majeure clauses may be used to avoid liability for an unforeseeable circumstance that made the performance of the contract impossible. A fire, hurricane, or other natural disaster are common circumstances that may help avoid liability under a force majeure clause.
In some circumstances, a contract may be silent regarding how the parties can resolve a specific dispute. If this occurs, the parties could attempt to discuss options to handle the issue. However, if the parties cannot agree on a solution, a contract dispute lawsuit in Arkansas may be a more appropriate option.
Consider History of Performance
The history of performance should also be considered when resolving a contract dispute. When a contract lapses, the parties to the contract can decide to renew the agreement to continue to exchange services. However, if both parties continue to provide mutual services after the expiration of the contract, this performance of contractual duties could make it easier to prove the existence of a contract. Specifically, a plaintiff may be able to show that a person’s continued performance is enough to show the existence of a contract, which can help resolve a contract claim.
Speak with an Experienced Arkansas Contract Dispute Attorney
A serious contract dispute can cause a number of issues for an individual or a business. For example, a breach of contract could make it difficult for a business owner to efficiently operate a company. Fortunately, our firm can help you pursue a contract dispute claim in a court of law.
When bringing your contract dispute case to an attorney in Arkansas, you should ensure that you have all relevant documents pertaining to your case. Your legal team will need extensive information in order to gauge the strength of your case and the legal options you may have. Additionally, you should also document how the contract dispute has affected you or your business. This can help an attorney calculate an appropriate amount of damages to request when filing a lawsuit.
Consult with Our Experienced Arkansas Contract Dispute Lawyers Today
If you are involved in a contract dispute in Arkansas, you should contact an experienced Fayetteville contract dispute lawyer from Gunn Kieklak Dennis, LLP. The committed legal team at Gunn Kieklak Dennis, LLP, has vast experience litigating contract dispute claims, and we would be happy to work with you. To schedule a confidential legal consultation to discuss your potential lawsuit, contact Gunn Kieklak Dennis, LLP at (479) 717-9068. Our firm is also available online.