Fremont Contract Dispute Lawyer
Fremont is a medium-sized city in Alameda County that is home to numerous businesses. Over the past decade, do-it-yourself contracts have been on the rise around Fremont and other California cities. Not surprisingly, there has also been a rise in contracts disputes. If your business is in conflict over a contract, contact an experienced Fremont contract dispute attorney.What is a Contract?
Most people understand that a contract is a type of agreement. However, not everyone understands that not all agreements are contracts. Contract law makes certain kinds of agreements "enforceable." This means that one party to the contract can obtain money damages from a party that fails to live up to his or her word and breaches the contract. Every California contract is a voluntary agreement to exchange valuable things, such as promises to provide services or goods for payment.
In legal terms, a contract includes (1) an offer, (2) an acceptance, and (3) an agreement to exchange things of value on specific terms and conditions. Parties must enter into contracts in "good faith." This means that each person or business entering into a contract implicitly agrees to act in good faith and deal fairly with the other.How Can a Contract Dispute Impact Your Business?
Most contracts call for performance of a particular act. When you buy a cup of coffee, you are entering into a contract. Similarly, if your business orders 1000 boxes of pens, you are entering into a contract. Usually these kinds of simple sales contracts do not present problems. However, more complicated or long term transactions have more potential to go awry. The potential for conflict can be exacerbated when a form contract is used but not read by the parties. Sometimes disputes arise because it is difficult to anticipate every type of situation that may arise in connection with the contract.
For example, if your business makes and ships semiconductor chips to various companies, you will enter into contracts with all those companies. Suppose the factory in which the semiconductor chips are fabricated is set on fire by an arsonist. In addition to destroying some of the chips, the fire has thrown your production schedule off, resulting in several mistakes by your employees. As a result, your company can deliver some of the chips that were purchased by different companies in a timely manner, but not all of them. In such a case, one or more contract disputes may arise. An attorney can help resolve those disputes either by turning to the plain language of the contract as to what should be done in such a situation, or by relying on case law to persuade the other companies to accept their shipments on a different schedule.
In some cases, the issue can be resolved through discussion and settlement between the companies' attorneys. An amicable resolution is often in the parties' best interests, particularly if they have had a long and otherwise successful business relationship. However, there are instances in which the parties cannot agree to resolve the matter informally. Those cases often wind up requiring resolution through business lawsuits conducted via the judicial system.Experienced Contract Disputes Attorney
Contract law is complex and exacting. A solid contract written by an experienced transactional attorney specifically for your business describes exactly what a particular exchange entails. It will address as many possible complications or situations as practicable. It will often assign responsibility for certain kinds of complications to one of the parties and provide remedies. Unfortunately, when businesses elect not to retain an attorney to draft their contracts, the potential for misunderstandings as to whose responsibility a problem is increased.
With over 30 years of experience both drafting contracts and representing clients in contracts disputes, Mr. Schwartz understands the different contractual issues that may arise in numerous industries, how they can impact your business over time, and how best to persuade a judge and jury of your position. Contact experienced Fremont business litigation attorney James G. Schwartz at 925-463-1073 or via our online contact form to protect your business.