Rogers, AR Contract Dispute Attorney
If you are in the midst of a contract dispute for a personal matter or for your business, you may wonder when the appropriate time is to pursue legal action for this dispute. A contract dispute can happen for a number of reasons. However, if you believe that a dispute between the parties will not be resolved, you should consider filing a lawsuit. If you need legal assistance to manage a contract dispute, contact an experienced Rogers contract dispute attorney today.
At Gunn Kieklak Dennis, LLP, we are devoted to offering you the unique legal representation that you deserve to handle your case. Our firm acknowledges how a serious contract dispute can disrupt a business, and we are ready to help you manage the situation. To schedule a confidential legal consultation, contact Gunn Kieklak Dennis, LLP at (479) 717-9068, or contact us online.
Common Causes of Contract Disputes
A contract is an agreement between two or more parties that is legally binding. To create a contract, the parties to the contract must satisfy multiple elements. First, one party must make an offer that the other party accepts. This offer must be supported by some form of consideration. For example, offering a person $30 for a landscaping task is an offer that contains consideration. Once the offer is accepted and there is consideration, the parties have made a contract.
Despite creating a valid contract, the parties to the contract may still argue over the terms of the contract. The following is a list of common disputes that can arise from a disagreement regarding a contract.
Contracts can be executed orally or in writing. However, it is always wise to have a contract written down so that you can later refer to it in the event of a disagreement. In some cases, a contract may have to be in writing in order for it to be valid. For example, if you intend on leasing an apartment, the lease must be in writing for you and the landlord to sign. The reason for this is the Statute of Frauds.
The Statute of Frauds dictates which types of contracts must be in writing and which contracts are valid without a written document. While oral contracts are sometimes enforceable, it is difficult to prove the existence of an oral contract without other corroborative evidence.
If one party to a contract believes they should not be held to the terms of the contract because an actual contract was not created between the parties, this could lead to a contract dispute. One reason that a contract could be declared invalid is the lack of consideration for services.
Breach of Contract
Once a contract has been accepted by both parties and there is valid consideration, the parties can move to execute the contract. If one party to the contract later decides that they do not want to fulfill the contract, they will be in breach of the contract. For example, if you had a contract with a cleaning company to clean your office building for a year, failing to clean the office for several weeks is a clear breach of contract.
When setting the terms for a contract, it is important to be as thorough as possible. Many contract disputes occur because the contract is silent regarding a particular matter. For example, if two partners enter into business and the contract does not state how profits will be divided between the two, there may be an argument if both parties cannot agree to evenly split the profits.
If a contract does not mention what to do in a certain situation, and the parties to the contract cannot agree on how to resolve the issue, you may have to turn to litigation.
When drafting a contract, it is important for all parties to the contract to read the contract closely before signing it. Many people will have their trusted attorneys look over a contract before they agree to sign. This helps identify any contract terms that only benefit one party to the contract. However, if the other party to the contract failed to examine the contract, they may not agree to satisfy the terms of the contract.
There are other issues that may lead to a contract dispute, like fraud or a breach of confidentiality. Our firm can help you determine the appropriate action if you are in the midst of a contract dispute.
Work with Our Experienced Rogers, Arkansas Contract Dispute Lawyers Today
If your business requires legal assistance to resolve a contract dispute, you should consult with an experienced Arkansas commercial litigation lawyer. The business lawyers at Gunn Kieklak Dennis, LLP possess decades of combined legal experience litigating a wide range of contract claims, and we are ready to use this knowledge to help deal with your case. To schedule a confidential legal consultation to discuss your contract dispute, contact Gunn Kieklak Dennis, LLP at (479) 717-9068, or contact us online.