Contracts are the foundation upon which all commerce is built. If a company sells a product, there’s a contract. If a company buys a service, there’s a contract. It’s a simple and unavoidable fact of business that any time two companies intend to work together, it is absolutely critical to have a contract to consult at all stages of the collaboration.
Why are contracts so important? Just imagine trying to construct a building without a blueprint. Contracts provide a point of reference for every imaginable detail of a business transaction, from payments, to locations, to personnel. Because contracts are so central and pivotal to all matters of business, when a contract dispute arises, operations can grind to a halt. If the dispute is not quickly resolved, money hemorrhages, windows close, and opportunities can be lost forever.
If your business is stuck in financial gridlock resulting from a contract dispute, it is a serious matter. Without the aid of an aggressive Montgomery County contract dispute attorney, your company may never reach a timely, reasonable, or cost-effective resolution to the issue. At Berkowitz Klein, we have over 25 years of experience navigating the choppy waters of contract disputes. We understand that contract disputes can result in high amounts of stress and tension between the parties involved. We work diligently to reduce that friction while supplying solutions that allow for commerce to continue flowing forward. Whether a contract is in breach, presses for unfavorable terms, or is written in ambiguous language, our contract dispute attorneys have been there before. We can help.
Types of Contracts We Handle
Over our 25-plus years practicing contract law, Berkowitz Klein has worked with clients on a wide variety of business contracts. Some of the most common types of business contracts we assist with include:
- Construction Contracts
- Distribution Agreements
- Employment Agreements
- Insurance Contracts
- Partnership Agreements
- Purchase Orders
- Sales Agreements
- Service Contracts
Restrictive covenants, also known as non-compete agreements, are sometimes included as a part of or in addition to employment agreements when new employees come on board with a company. While restrictive covenants are not universally applied, there are many businesses which may wish their employees to sign a non-compete agreement; for example, companies which develop software, recipes, formulas, or other sensitive information.
However, restrictive covenants must fall within certain parameters in order to be effective. If a non-compete agreement imposes an unreasonably binding restriction upon an employee, such as a very lengthy period of time in which that employee may not seek employment with direct competition, the terms of the non-compete agreement may not be enforceable. Our contract dispute attorneys have decades of experience drafting and evaluating non-compete agreements for enforceability.
Breach of Contract
When the terms of a contract have been ignored, defied, or otherwise not performed correctly, then the contract is said to be in breach. However, proving a breach of contract can be difficult for businesses, because the terms which define a breach are fairly open-ended. In order for a contract to be considered in breach, three basic terms have to be met.
- First, a contract has to exist.
- Second, there has to be a demonstrable, or “material” breach of duty.
- Third, the breach must result in damages.
Proving the first and third points are challenging enough, and proving the middle point — that a material, breach exists — is even more difficult. For a breach to be material, it must have made a significant negative impact upon the aggrieved party’s business affairs. To the company personnel who feel their business has been blatantly wronged, this may seem easy enough. However, because there are no hard guidelines to determine what, precisely, constitutes a significant negative impact, proving material breach to a judge is better left to an experienced contract dispute attorney.
At Berkowitz Klein, we have been assisting companies who are trapped by contract disputes for nearly three decades. No matter what industry your company operates within, how long your business has been in operation, or the size of your business, our attorneys are ready to help. Contact us online, or call our law offices today at (610) 889-3200 (ext. 1) to speak with an attorney about your Montgomery County contract dispute.