We Resolve Contract Litigation Issues
A contract primarily serves as a written agreement between two parties that defines their relationship. Policies and stipulations are clearly communicated and outline the obligations and stipulations that each party agrees to fulfill. When a breach of contract occurs, legal action can be taken to enforce the contract, reach an amendment or terminate the agreement. The laws surrounding contract disputes can be difficult to navigate. Our Red Bank, NJ, Marlton, NJ, and Newark, NJ business lawyers at McOmber McOmber & Luber, P.C. have over 40 years of experience in resolving contract litigation issues and are committed to helping clients find the easiest and most cost effective solution for their contract problems.
Breach of Contract
When a breach of contract occurs, it can cause significant disruption to a business or partnership. It is imperative that disputes are settled quickly so that business can resume. At McOmber McOmber & Luber, P.C., we represent clients who declare a breach of contract and those that are accused of a breach. We specialize in disputes involving a wide range of contract types including, but not limited to: employment contracts, construction contracts, partnership agreements, shareholder agreements, licensing agreements, non-compete agreements, nondisclosure agreements, and financing agreements.
Contract Dispute Resolution
When a breach of contract has occurred, the first step in resolving the issue should be an attempt to informally settle the dispute. For example, an employee who feels that their job demands exceed what is outlined in their contract should approach their supervisor or human resources department to discuss the issue and review the stipulations set forth in their contract.
When this fails, the next step is to send a written notice in the form of a letter, email or fax. This notice will state the nature of the breach and specific clauses affected in the contract, which can include failure to fulfill obligations set forth in the contract, refusal to provide services or goods specified in the contract, or issues that make it impossible to perform the obligations set forth in the contract.
The notice should also offer a way to fix or cure the breach. Contracts usually include a clause that establishes a specified cure period that allows the other party time to fix the problem or decide on an appropriate action. In some cases, the cure may be the termination of the contract. In this case, it is advisable to seek the counsel of an experienced contract litigation lawyer to ensure that your best interests are served and your legal rights are protected.
The reaction to the notice of breach will determine what steps you need to take next. If the notice is ignored, a second notice can be sent. If there is still no response, your attorney can then send a notice that outlines what steps will be taken next. Prompt action by a skilled and knowledgeable attorney may motivate a response.
When the other party does respond, it is important to objectively consider their reaction or proposal before proceeding. If the other party disagrees that a breach has occurred or if they are willing to negotiate an amendment to the contract, your attorney can then proceed with further action. If the resolution is to terminate the contract, it is vital that an experienced contract litigation lawyer draft a formal agreement outlining the conditions of the termination.