Whether a business entity or a consumer, you should contact a commercial litigation attorney to protect your legal interests and rights when the other party to a transaction fails to perform.
Commercial litigation is nothing more than the taking of legal action to protect your rights and interests in a commercial transaction. Although the typical commercial litigation case involves the failure to supply or pay for goods according to a written contract, your claim may involve an oral contract, an employment agreement, a lease or rental agreement, a finance agreement, or a partnership agreement. When the other party has breached a contract or agreement, you should take action immediately. First, all parties to a contract have a duty to mitigate or limit their damages. You cannot just sit there allowing your damages to build. Second, the amount of time you have to bring a legal claim is limited. If your claim involves an Arizona employment contract, you must bring your claim within one year. A failure to do so can cost you.
If you are involved in a commercial dispute, litigation can be a costly solution whether you are a business or individual. Litigation can also harm established relationships you may wish to protect. When you have an ongoing and established relationship with the other party to the dispute, litigation should be the last resort. Options to formal litigation include negotiation, mediation, and/or arbitration. In many instances, your contract will require arbitration before a designated body such as the American Arbitration Association. Whatever your situation, Blehm Law can help negotiate, mediate and/or arbitrate a resolution to your commercial dispute.
In some circumstances, you may not only have a breach of contract claim but you may also have a breach of warranty claim. If a product purchased fails and causes personal injury or property damage, you may be able to recover more under a breach of warranty theory. This is especially the case where the contract limits damages to replacement of the failed product alone.
When one party fails to perform pursuant to the terms of the contract or other agreement,whether written or oral, the performing party has many options available under the law. The specific remedy allowed by law may be limited based on the nature of the contract or commercial transaction. To discuss your options with a commercial litigation attorney, contact Blehm Law for a free consultation.