Business law is a complicated field of law, with many intersecting legalities that require attention and protection. Establishing and discussing contracts is a way businesses are able to ensure this protection. The use of these contracts ensures that certain terms and agreements are met or legal action can be taken. But with the enforcement of contract terms comes disputes about whether those terms were met or were equitable.
At M. Ross & Associates, LLC, we have experience in resolving business disputes. If your business is facing a contract dispute, skilled legal counsel from our Bergen County attorneys can help you achieve the results you want.
Request assistance with your business contract dispute today with a case evaluation!
When a business contract is signed, it is understood that both parties agree to the terms stated within the contract. However, sometimes things don’t go as intended or promises go unfulfilled.
If your business agreement is broken, you should know whether your breach of contract was material or non-material.
The difference between the two is defined as[M1] :
Our business contract attorneys have help clients throughout Bergen County with both material and non-material contract breaches and disputes. If your contract has suffered from a breach, we can help provide the legal advocacy you need during discussion and reevaluation. Courts are more likely to be involved in this kind of violation and we are more than prepared to represent your business.
Contract disputes were already difficult to navigate before the pandemic, which is why parties with contracts affected by COVID-19 must become familiar with common issues they might encounter.
Underlying contracts in these disputes will often have provisions concerning unforeseeable events that may prevent or impede the performance of contractual duties. An example of these provisions is a force majeure clause, which can release the breaching party from liability if certain unforeseeable events beyond the party's control occur.
Litigation for pandemic-related contract disputes will also determine if the “triggering event" in question can be considered an occurrence that excuses nonperformance. Nonperforming parties will be claiming the pandemic or certain government restrictions, or even both, should excuse their breach.
Nonperforming parties will need to prove that the triggering event was the "proximate cause" of their inability to perform contractual duties.
A valid defense will include the following elements to establish proximate cause:
If you are anticipating a contract dispute because your business contracts were impacted by COVID-19, please don’t hesitate to get in touch with our law firm so we can assess your situation and get started building a strong legal strategy to protect your best interests.
Contact our firm today to solve the contract disputes your business may be facing.