Effective Attorneys For Resolving Contract Disputes In Los Angeles

California industries come in all shapes and sizes. So do their contracts and types of disputes. Disputes arise when one party fails to fulfill the terms of a business contract. For example, a supplier could be late with a delivery or a client might delay payment for services they have received.

Determining If The Contract Is Valid

Before filing a breach of contract lawsuit – or defending against one – it’s important to confirm that a valid, enforceable contract exists. A judge cannot enforce an invalid agreement, so understanding the basics of contract law is essential.

What makes a contract valid?

For a contract to be legally binding, it must include five key elements:

• Mutual agreement: Both parties must clearly agree to the same terms. This includes a clear offer from one party and an unambiguous acceptance by the other.
• Offer and acceptance: There must be a definite proposal and a clear “yes” to that proposal. Vague or conditional statements usually do not count as valid offers or acceptances.
• Consideration: Each party must exchange something of value – money, goods, services or a promise. Without consideration, there is no enforceable contract.
• Capacity: Everyone involved needs to be legally able to make a contract. People who are minors, intoxicated or under pressure might not have the capacity to do so.
• Legal purpose: The contract must involve a lawful goal. Contracts for illegal activities are not enforceable.

These basic components determine whether a court can enforce a contract.

Contracts That Must Be In Writing

Under the Statute of Frauds, some contracts must be in writing to be valid. These typically include:

• Real estate transactions: The law requires written agreements for buying or selling property.
• Contracts lasting more than one year: If performance extends beyond a year, a written document is necessary.
• Agreements involving large amounts of money or goods: California generally requires written contracts for sales over $500.
• Guarantees of another person’s debt: The statute also requires a written promise when a person agrees to pay another’s debt.

Consult a lawyer if you’re unsure whether your contract must be in writing.

Verbal and implied contracts

Verbal and implied contracts can still be valid if they meet all the required legal elements. However, proving their existence often requires supporting evidence such as emails, witness testimony or payment records.

Types Of Contract Disputes

These situations can cause significant financial loss and damage business relationships:

• Supply chain and distribution agreements: Disputes between suppliers and distributors regarding the terms of delivery, quality of goods, payment terms and exclusivity clauses.
• Service agreements: Conflicts between service providers and clients over the scope of services, performance standards, timelines and payment terms.
• Construction contracts: Issues related to construction projects, such as disagreements over project timelines, quality of work, change orders and payment schedules.
• Noncompete agreements: Disputes arising from agreements that restrict one party from competing with another for a specified period and within a certain geographic area.
• Partnership agreements: Disagreements between business partners regarding the terms and conditions of their partnership agreement.
• Employment contracts: Issues related to terms of employment, such as salary, job responsibilities and termination conditions.
• Intellectual property agreements: Conflicts over the use, ownership and licensing of intellectual property.
• Lease agreements: Disputes between landlords and tenants over commercial property leases, including terms of rent, maintenance responsibilities and lease duration.
• Franchise agreements: Conflicts between franchisors and franchisees over the terms and conditions of the franchise agreement, including royalties, territory rights and operational guidelines.

This is not an exhaustive list. Disputes need to be taken seriously and promptly settled to maintain smooth business operations.

How Do You Settle A Contract Dispute?

Settling a contract dispute requires a clear and strategic approach. You may be able to settle your contract dispute on your own by following these steps:

• First, review the contract thoroughly. Understand all the terms and conditions.
• Identify the specific clauses that relate to the dispute.
• Gather all relevant documents, such as emails and receipts, that support your case.
• Contact the other party to discuss the problem.
• Clearly explain your perspective and listen to their side as well. Sometimes, a simple conversation can resolve misunderstandings and lead to a mutual agreement.

If direct communication does not work, consider mediation. In mediation, an impartial person assists both parties in coming to an agreement. Mediators facilitate discussions and offer solutions. This method can save time and money compared to going to court.

If mediation fails, arbitration is another option. In arbitration, an arbitrator carefully evaluates the perspectives presented by each party and delivers a decisive and enforceable judgment. This process is more formal than mediation but usually faster and less expensive than a lawsuit.

When these steps do not result in a resolution, you may need to file a lawsuit. Hiring an experienced lawyer can facilitate the effective settling of contract disputes. At McMurray Henriks, LLP, our Los Angeles contract dispute lawyers have more than two decades of experience resolving high-stakes, complex disagreements involving multimillion-dollar disputes.

Our Experienced Legal Team Can Help You Stop Unfair Practices

Is your competition engaging in unfair business practices such as false advertising, deceptive pricing or trying to steal your customers in other ways? Are they spreading false information about your products or services? California law protects businesses from unfair practices. The unfair competition law (UCL) and the false advertising law (FAL) provide remedies. Affected businesses can file a lawsuit to stop the unfair practices. They can also seek compensation for pecuniary damages.

Without legal representation, businesses risk making costly mistakes. They might accept unfavorable settlements, miss important deadlines or fail to prove their claims. At McMurray Henriks, LLP, attorney Yana Henriks has more than 20 years of experience in the courtroom. She is well-respected by her legal peers and former clients. She is an intelligent, aggressive and effective negotiator. Her aim is to work toward a settlement that protects your interests without going to court. If the case does go to court, she will be your tenacious trial lawyer.

Top Contract Dispute Lawyer For Los Angeles

Save your business from further harm. Call our office in Los Angeles at 323-931-6200 or send an email to initiate a consultation.