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Contract Disputes Archives

Why breach of contract should be avoided

Ideally, agreements are entered into with both sides benefitting from the outcome. But agreements do not always go as planned, so there can be unexpected delays, financial disputes and other issues that prevent the contract from being honored. A failure to fulfill the promise of the contract is referred to as a breach of contract.

Using dispute resolutions clauses in contracts

Business entities entering into an agreement may include clauses for dispute resolution. While this may seem aggressive or cynical, these commonly used clauses can provide a helpful map to resolving a dispute between the two sides during the time of the contract. As an insightful article at Mediate.com pointed out, basic language not tailored to fit the needs of the arrangement will often do nothing to help resolve the matter, but dispute resolution (DR) clauses that address the needs of the contract can be extremely helpful.

Mediation, arbitration and real estate disputes: A primer

Real estate is full of thorny issues that can raise disagreements. Even when a solid contract is in place, parties can still face contentious disputes. Contract disputes are not something that any party involved in a real estate transaction wants. Nonetheless, they can arise at any stage in the transaction.

Reasonableness is key in noncompete agreements

Non-compete agreements can be crucial documents for business owners. These agreements can help mitigate the risk of a former employee accepting a job from a competitor or starting their own business that directly competes with yours. But as useful as non-compete agreements can be for employers, they can be legally tricky to enforce.

A primer on non-solicitation agreements

You have put immeasurable time and effort into procuring the right customers and employees for your business. You recruited the top talent in your field because you knew that your company would be only as strong as its employees. Then, you painstakingly built a roster of reliable, loyal clients who have made your business what it is today. So, when one of your employees leaves your company and takes one of your clients with them, you are understandably upset. 

Common defenses for breach of contract

As a business owner, you have no doubt entered into several contracts with your partners, clients, contractors and other parties. Usually, these contracts ensure that everything runs smoothly for everyone involved. Sometimes, though, this doesn’t work out. Perhaps one of the signatories violates the terms of the contract by failing to hold up its end of the bargain. In this case, you have a breach of contract.

4 types of ‘non-compete’ agreements you may face

Many people use the term “non-compete” interchangeably when referring to any employer-based restrictive covenant, and the possible disputes or contractual issues that may arise from one. In fact, this term is only one part of four main types of stipulations often found in employee contracts, and it’s important to know which one applies to you.

Hiring new workers? Make sure to update your employee handbook

One of the most important signs that your business is succeeding is the need to hire more workers. This growth is a sign of confidence and optimism, not just for an individual business but also for the economy. And recently, it was announced that there was a six-point increase in job creation among small businesses last month. 

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Robert Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the May issue of The American Lawyer & Corporate Counsel magazine.Alex Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the December issue of The American Lawyer & Corporate Counsel magazine.

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