Contracts are critically important to all aspects of business.  Whether they are used to dictate when a shipment of goods is scheduled to arrive, how much a buyer is expected to pay for a particular product or service, or where a former employee is permitted to work under the terms of a restrictive covenant, no business can thrive without the support of clear, valid, and enforceable agreements.  But while formal contracts provide invaluable guidelines for both commercial transactions and professional relationships, they can also lead to disagreements and disputes.

Unless they are rapidly resolved, these disputes can have negative effects on all aspects of your business. Disagreements can cause delays, impede daily operations, hamper productivity, damage positive working relationships, and ultimately, hurt your revenue stream.  If your business is struggling to resolve a disagreement over the terms of an arrangement with another party, it is imperative that you take action today to prevent the problem from growing even larger tomorrow.

To arrange for a private legal consultation with an experienced business attorney, call The Jayson Law Group LLC at (908) 258-0621.  

brown gavel on the table on a brown background

Contract Dispute Resolution: Services We Offer

If your business has been struggling to settle and move forward from an ongoing disagreement, it may be time to seek additional support.  At The Jayson Law Group LLC, our knowledgeable legal team has years of experience helping individuals and business entities of all structures and sizes resolve the most difficult and complex of conflicts, including but not limited to:

  • Construction Contracts
  • Dissolution Agreements
  • Distribution Agreements
  • Intellectual Property Agreements
  • Noncompete Agreements
  • Partnership Agreements
  • Property Leases
  • Restrictive Covenants
  • Sales and Purchase Orders

Whether you need an aggressive litigator to advocate for you in court, or a qualified mediator who can guide you toward your own solution, the contract dispute attorneys of The Jayson Law Group LLC can help.  Don’t wait for the statute of limitations to expire and leave with you without legal recourse: call our law offices today to start exploring your best options for the future.

Mediation vs. Litigation: Which is Right for Your Dispute?

Mediation and litigation are two different approaches toward the same ultimate goal: the resolution of a dispute between multiple parties.  But while the objectives of these strategies are the same, they take very different paths. So which is right for you?

Mediation is generally considered to be the milder of the two approaches.  Unlike litigation, which takes place in court before a judge who ultimately rules in favor of one party, mediation takes place during confidential meetings with a qualified mediator.  Unlike a judge, the mediator’s role is not to issue a directive, but to guide the parties in dispute toward their own, mutually planned solution, thereby granting the involved parties a greater degree of control over the end result.  Mediation is also typically less expensive and more rapid than litigation. However, litigation may be preferable or even necessary in cases where the defendant proves either unwilling or unable to work with you to end the dispute, or where one party demonstrates bad faith or a lack of transparency.

Business contract

Proving Breach of Contract and Recovering Damages

In some instances, what starts as or appears to be a simple dispute may actually be or lead to something more serious, referred to as breach of contract.  When breach occurs, it means that one party fails to satisfy the terms it agreed to meet.  There are several different types of breach which you or your business may possibly be dealing with, such as:

  • Anticipatory Breach — As the name suggests, anticipatory breach, or anticipatory repudiation, occurs when the breaching party deviates from the terms of a contract prior to the agreed-upon date.  In other words, there is advance intent to disregard an agreement.
  • Material Breach — In this context, material essentially means significant, and therefore is often described as depriving the aggrieved party of “the heart of the contract.”  If a breach is deemed material, the non-breaching party may be excused from the original agreement, and furthermore may be granted the right to sue as a means of recovering damages.
  • Minor Breach — Minor breach, also called partial breach, refers to an incomplete or unexpected performance which has negative effects without necessarily affecting the heart of contract.  While minor breach may grant the injured party the right to sue for damages, that party may still be required to follow through with the agreement.

In order to prove that a breach occurred, there are several points you will need to be able to demonstrate in court:

  • You entered into a formal contract.
  • You met your responsibilities, while the other party did not.
  • You suffered financial damages as a result of the breach.

If you are concerned your business may be dealing with an actual or anticipatory breach, or if you need to bring a dispute to an end, the experienced New Jersey contract dispute lawyers of The Jayson Law Group LLC are here to assist you.  To schedule a legal consultation, contact us online or call our law offices at (908) 258-0621 today.