You are bound by what you signed. So is the other party.
When a contractual relationship breaks down, the first thing I need to do is understand the agreement completely.
Sometimes, the rights we thought we were securing were not actually translated into the contract. That is not necessarily the client's fault. The lawyer who drafted the agreement may have failed to capture what the client truly intended.
Before determining how to proceed, I need to understand the contract, the transaction behind it, and what you actually expected the agreement to accomplish.
What does the contract say? What did you understand it to mean? And where did the two diverge?
Only then can we properly assess your position and determine what can be done.
Assessing a Contractual Dispute
The first step is to determine what the parties actually agreed to and whether the conduct that gave rise to the dispute amounts to a breach.
I examine the contract, the circumstances surrounding it, the parties' respective obligations, and the events that led to the dispute.
Sometimes the answer is straightforward. Sometimes it is not. The important thing is to understand the agreement before deciding what action to take.
Enforcing Contractual Rights
When the other party has failed to perform an obligation under the agreement, you may have legal remedies available to you.
I can assess the strength of your claim, explain the law that applies, and advise you on the appropriate course of action.
Recovering Damages
A breach may cause financial or other losses.
Where appropriate, I can assess the legal basis for a claim for damages and pursue the remedies available under the law.
Protecting Business Interests
For businesses, a contractual breach may involve much more than the immediate financial loss.
A breach may affect confidential information, competitive interests, business relationships, employees, or the company's ability to rely upon the agreements it has entered into.
In some circumstances, taking action is necessary not only to address the immediate breach but also to protect the business from the consequences of allowing the conduct to go unaddressed
Demand Letters and Pre-Litigation Action
A client may come to me already prepared to sue. Sometimes, that is the appropriate course.
A demand letter can formally assert your position, demand compliance or payment, and put the other party on notice of the consequences of failing to resolve the matter.
But a demand letter does not always have to be merely a formality before filing a case. It can also be the beginning of an opportunity to resolve the dispute.
I can help determine what the demand should accomplish and how it should be approached.
When Your Contractual Position Is Strong
If, after reviewing the contract and the circumstances surrounding it, I believe you have a strong claim, I will tell you so. I will explain why I believe your position is strong, show you the law that supports your claim, and explain in simple terms what that law means and how it applies to your situation.
But having a strong case does not necessarily mean that going to court is the best first step.
If I can make the other party understand what I see—why your claim is strong and what is likely to happen if the matter goes to court—I may be able to persuade them that settling the matter is in everyone's interest.
If you are comfortable with that approach, I can reach out to the other party on amicable terms and explore a settlement. Before I do, however, I want to understand your bottom line.
How much do you want to recover? What other terms or concessions matter to you? What are you willing to accept?
Knowing this before negotiations begin allows me to understand where we should start and how I should approach the discussion if the other party is willing to sit down and negotiate.
When the Contract Does Not Support Your Claim
After studying the contract and the circumstances surrounding it, I may conclude that your claim is weak. There may be no actionable breach on the other party's part.
There have also been situations where, after examining the agreement, I have had to tell a client that they were the party who breached the contract.
I will tell you that honestly. If we go to court with a weak position, you may not simply lose your case. Depending on the circumstances, the other party may have a claim against you.
But that does not necessarily mean I cannot help you. I will want to understand what you are really trying to achieve.
What is your bottom line? What matters most to you?
Once I understand that, I can look for ways to achieve what is important to you without necessarily going to court.
Sometimes the Client Needs to Fight
Not every breach can or should be resolved quietly.
For some clients—particularly businesses—the issue is not simply the money that may have been lost.
A breach may affect confidential information, competitive interests, contractual discipline, or the company's ability to rely on agreements it has made.
In those circumstances, the client may need to take decisive action.
I can assess the strength of the claim, advise you on the risks and available remedies, and, where appropriate, prepare the demand and pursue litigation.
If you want a fighter, I can fight. But first, let's make sure we're fighting the right battle.
Litigation Is a Tool, Not Always the Destination
A strong contractual claim may give you considerable leverage. That does not necessarily mean that the most effective way to use that leverage is to file a case immediately.
Sometimes, the other party simply needs to understand the strength of your position.
Sometimes, a negotiated settlement can accomplish what you need more quickly and at considerably less cost. And sometimes, the circumstances require litigation.
The important thing is to understand what you are trying to accomplish, assess the available options honestly, and choose the strategy that best serves that objective.
If You Are Facing a Contract Dispute
Before sending a demand, signing a new agreement, accepting a proposed settlement, or taking other action that may affect your rights, gather the documents relating to the transaction and the dispute.
Keep copies of the contract, amendments, correspondence, payment records, notices, and other relevant documents.
Most importantly, do not assume that the contract says what you remember agreeing to. Let me read it.
Then we can determine what the agreement actually provides, where you stand, and what can be done.
You may have a stronger position than you think. Or you may not. Either way, you deserve to know the truth before deciding what to do next.
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Property Disputes
If the contractual dispute involves land, ownership, deeds, or other property rights, learn more about our work property disputes.
Conflict Negotiation
If you are looking for a way to resolve the dispute without going to court, learn more about our conflict negotiation services.
Discuss Your Contract Dispute
Whether you are dealing with a breach, a claim for damages, a disputed contractual obligation, or a business relationship that has broken down, I can help you understand your legal position and determine the most effective way forward.