A contract does not have to be in writing. A contract simply exists after a verbal offer was communicated and accepted. But, because of this ambiguity, it is not uncommon for businesses to have to deal with partners, suppliers, and customers who fail to meet their contractual obligations.
Contract disputes are all too common in today’s business world. Although we do what we can to protect ourselves, we can’t always prevent disputes from happening.
Some people knowingly breach contracts, while others may be unaware of what they are doing. Either way, when a contract dispute in Massachusetts arises, an experienced Massachusetts business litigation attorney can help you resolve the matter with the best possible outcome.
If you are dealing with or anticipating a contract dispute in Massachusetts, call The Law Offices of Richard Mucci for assistance at 781-729-3999
What Constitutes Legal Contracts?
Contracts are agreements between persons, entities or businesses to do something in exchange for something else, usually a service or product that is provided in exchange for payment.
A contract or agreement may be written or oral – both are valid forms of contacts in Massachusetts. However, written contracts are easier to prove in court when disputes arise.
Oral contacts rarely, if ever, stand on their own. They either need witnesses to the agreement, payment, partial performance, or some other benchmark to demonstrate that the contract existed and that it was breached.
A breach of contract occurs when one party to the contract does not uphold or perform their duties under the contract and have not been otherwise properly relieved of this duty.
Types of Contract Disputes
A contract dispute can arise in relation to goods and services you purchase or personal goods and services that you sell. Some of the most common causes of contract disputes are:
- Faulty or defective products;
- Poor quality of work performed by contractors;
- Lease and rental agreements;
- Disputes with service providers; etc.
Other common types of contract disputes include:
- Employment contract disputes;
- Consumer contact disputes;
- Rental agreement disputes; etc.
Settling Contract Disputes In Massachusetts
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Usually, people believe that attorneys only solve problems by going to court and presenting a case to a judge or jury. And in some situations, a trial is the only way to resolve a conflict. However, in the majority of situations, there are other ways that an attorney can help their clients resolve problems that do not involve going to court.
Whenever possible, it is in everyone’s best interest to resolve a contract dispute without taking legal action. In fact, litigation should be seen as a last resort.
Therefore, your lawyer will first attempt to resolve the contract dispute by corresponding, negotiating, or engaging in Alternative Dispute Resolution (ADR) with the other party to settle the dispute without having to litigate. Alternative resolution can be used at any stage of the conflict and is intended to be a flexible tool that can be used by all types of people with all types of situations.
Mediation
One of the most frequently used ADR processes is mediation. Mediation involves both parties and one neutral third party called a mediator. The mediator meets with and listens to both parties and then allows them to offer creative solutions to the problem. The mediator’s job is to help the parties communicate so that they can find an agreeable and creative solution to their contract dispute.
Arbitration
Arbitration is another commonly used type of ADR. Arbitration involves an independent third party, who presides over the process. Both sides present their respective arguments and evidence and the arbitrator decides on the best solution for the problem. Arbitration is similar to a traditional trial, except the proceedings are less formal.
How Long Does It Take To Resolve a Contract Dispute?
Many people who are unfamiliar with the litigation process are surprised to find out how long it can take to resolve a lawsuit. If a simple contract dispute can sometimes take a year or more to move through the courts.
The good news is only a small percentage of contract disputes ever go to trial. Most disputes are resolved through settlement, sometimes in a matter of a few weeks or months.
This is good news for business owners and entrepreneurs who may be losing, a substantial amount of money and who would rather focus their time on is making their businesses more profitable.
How an Experienced Massachusetts Business Litigation Attorney Can Help
If you are reading this page, you may have an issue regarding a breach of contract, concerns about the terms of a contract, or you may be wondering if a contract even exists in the first place. As with any legal problem you have, it is important to seek a lawyer’s advice.
With an attorney’s advice, it will be easier to choose which course of action to pursue to resolve your contract dispute and how best to achieve desired results. Getting the right advice to help resolve any issues as quickly as possible is really important.
A contract dispute can be settled at any time, but generally not before lots of information has been exchanged between the parties involved and this takes time to work. The services of a business litigation attorney provide a valuable benefit that can save a business or entrepreneur a great deal of time and money.
The Law Offices of Richard Mucci
If you are dealing with a contract dispute in Massachusetts or see one coming, then you will undoubtedly want to take steps to resolve the issue quickly. To achieve this it is vital that you act as soon as possible by obtaining professional advice.
Our highly experienced Massachusetts business litigation lawyers will get to the core of the issue quickly and provide you with the best options available to you. The sooner you get advice, the sooner you can get the dispute resolved.
The business litigation attorneys at The Law Offices of Richard Mucci have the track record, resources, and expertise to resolve your contact with the best possible outcome. Call us at 781-729-3999 or visit our contact page to arrange a consultation.