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What if someone doesn’t hold up their end of the contract?

On behalf of Cohn Lifland Pearlman Herrmann & Knopf LLP | Apr 22, 2019 |

When you are in business, there are likely multiple people you contract with on a regular basis.  Whether your contracts constitute a vendor or supplier agreement, involve an arrangement with independent contractors or serve as non-disclosure agreements, your contracts serve to protect you and your concepts through the terms you establish.

However, in some cases, someone could violate an agreement by failing to adhere to the designated terms.  And although a potential breach of contract may be minimal or unintentional, it could devastate your company.  But do you know  how to handle a contract dispute?

Conditions your contract dispute must meet

Depending on the specifics of your case, you may determine that litigation is unnecessary.  However, should a breach of contract result in filing a lawsuit, it is important to remember there are requirements you must meet for a court to uphold your suit.

Before filing a breach of contract lawsuit, you might be wise to make sure:

  • Your contract contained all necessary legal requirements
  • You adhered to all the terms the contract required of you
  • You can prove how the person, or party, you are suing did not abide by your agreement
  • You provided written notification related to the alleged breach and your intent to file suit

In some cases, you might find that an error was made, without ill intent; however, if the court finds that you, also, were at fault, your contract may be determined invalid.

How can you protect your interests?

Seeking legal advice prior to signing a contract can help reduce the chances of a contract dispute which could disrupt your operations in the future.  However, if you believe another person or party you have a contract with did not act accordingly, you might want to explore your options for holding them accountable.