Contracts are essential for most businesses and are utilized for a multitude of situations. Business contracts are some of the most frequently used. Unfortunately, contract disputes involving business contracts are almost as common as contracts themselves.
Businesses that find themselves in a contract dispute need the assistance of Miami attorneys experienced as resolving disputes through mediation, arbitration, and litigation if necessary. At Graham Legal, our Miami attorneys are experienced at handling contract disputes and are also familiar with the typical root causes that lead to them.
No Well-Defined Written Contract
While the idea of two parties having enough good faith and trust in each other that they can rely solely on a spoken contract is attractive, it is not realistic. Some of the messiest contract disputes can arise due to a lack of a clear written contract. A written contract should detail all the specifics about the relationship between the two parties — reasonable expectations, realistic commitments, as well as possible resolution methods should disputes arise. Consider all the possible implications and worst-case scenarios when drafting the contract, and be sure to define what constitutes a breach.
Not Considering Resolution Options
As previously mentioned, there are multiple ways businesses and their Miami attorneys can go about correcting contract disputes. Parties to a contract can agree to alternative dispute resolution methods like mediation and arbitration as the way to resolve contract disputes. These options can be less time-consuming and expensive. However, the more traditional route of taking a dispute to court should always be open. Be sure to include a clause indicating when litigation can be pursued.
Unbalanced Contract Drafting
Business contracts are signed by two or more parties, therefore drafting one should be undertaken by the attorneys of all parties involved. If one party’s attorney is allowed to draft most or all of the contract without the other party’s attorney providing input or oversight, that contract may give unfair advantage to one party or even be harmful for the other party. Before signing, both sides’ attorneys should be involved in the drafting, editing, and reviewing of a business contract. Unbalanced contracts will most likely lead to contract disputes.
Despite having a seemingly airtight contract, your business might still wind up involved in contract disputes — such is the reality of doing business. However, if you find yourself in this situation, know that you are not alone. Our Miami attorneys are experienced at resolving contract disputes and obtaining the best outcomes for our clients. Call Graham Legal today for a free consultation