Articles & Resources

BUSINESS LAW - How to Handle a Contract Dispute

Posted by T. Jake HinkinsApr 10, 20190 Comments

When it comes to contract law, a good business attorney has the experience to help clients with contract disputes. If one or multiple parties involved in a contract fail to uphold their side of things, then a breach of contract may have taken place. Also, if there is intentional fraud or misrepresentation, the person asserting this must prove that the other party should have known about it and that the false information was relied upon when entering into the contract. However, if a contract is found to be void, then the parties involved may not be held liable for breaches of that contract.

When possible, a contract should be done in writing. Oral contracts may be enforceable—but not always. Assuming parties to the contract are not coerced and have the mental capacity to enter a contract, there are three main elements of an enforceable contract:

  1. Offer - An offer is presented that is of value to all parties.
  2. Acceptance - All parties agree to the offer.
  3. Consideration - Monetary or other compensation is stipulated.

    photo from freepik

In order to resolve a contract dispute, there are several options:

  1. Re-read the contract to make sure there are no misunderstandings.
  2. Review the contract with the other party.
  3. Mediation
  4. Arbitration
  5. Litigation

At Anderson | Hinkins, we have the experience and knowledge to help our clients with these types of issues. In fact, we also have the ability to write legally sound contracts that can help avoid these situations in the first place. If things have gotten to the point where disputes cannot be resolved between the parties to a contract, please reach out to us. We'll help you get a favorable outcome to your legal obstacle.