What to Know About Contract Disputes
Many business owners pale at the thought of conflict. This is part of why a contract can be so intimidating… What if something goes wrong? For as long as there have been contracts, there have been disputes. People try to wiggle out of them with wordplay, exploitative language, or simply fail to deliver. It can seem like arguing these cases yourself is an uphill struggle… And court seems more and more likely with each passing day.
Going to court over a contract dispute is one of the last things anybody wants to do. Not only is it expensive, but you’ll be facing a great deal of emotional duress, using energy on the case instead of your business. However, no matter how unpleasant the situation is, this is part of running a company. Therefore, it would be best to familiarize yourself with contract disputes ahead of time. This will help you avoid disputes in the future, and resolve any you’re currently experiencing. This article aims to get you started.
You May Be Able to Avoid Court
If you’re in a position to settle outside of court, you should usually try to. A speedy resolution will usually benefit everyone involved. One of the first steps you should take is to hear – Without argument – What the problem is from the other party. Sometimes people aren’t even aware the contract has been violated.
If you can’t amicably settle the issue, mediation services can certainly help. In mediation, a neutral third party hears both sides and attempts to help them come together. This is often more successful and cost-effective than outright litigation. It also tends to be a much quicker process than any court proceedings. However, if you do wind up litigating, the outcome is highly dependent on multiple things. One of the most important factors is the interpretation of language.
Language is Key in Contract Disputes
If you had to boil all contractual disputes down to one thing, it would be over disputes in the language. This is as true in Florida as it is everywhere and throughout history. Many parties accused of breaching their contract believe they have acted in good faith and followed their contract to the letter. In these cases, litigation is often unavoidable. This might highlight the importance of clear contract language.
The most important thing you and your attorney can do is understand the contract terms at the time the two parties entered into the contract. Intention doesn’t always factor into a contract dispute case, but it can. Knowing what you and the other party thought the agreement was when it was signed will help you prepare arguments, disprove bad faith, and help your overall strategy.
Preparation is Everything
The key to avoiding contract disputes is to prevent them in the first place. Vague language that invites interpretation allows for misunderstandings. In cases like this, the winner of a contract dispute is the one who can present a better argument. Understanding the ins and outs of the contract, every specific piece, will help immensely. Ensuring that the other party also understands this will help prevent misinterpretations that could otherwise lead to problems later on.
We have more information about business law and contract disputes on our website. Thompson Law is here for you if you need representation to help you through a contract dispute. So give us a call today and give yourself the best chance of coming out ahead.