Contract Law

Contracts are simply the written record (contracts may be oral) of a binding voluntary agreement between two parties which assigns duties to the two parties. Such a record allows for enforceability, which usually means that it allows one party to a contract to obtain money damages. In fact, it is our system of contract law that underpins and makes possible the many private voluntary agreements by which exchanges of goods and services are accomplished in our society at every level. Because so much of our modern society is based upon contractual agreement, contracts are some of the most highly litigated areas of modern life.

Much of this litigation could have been avoided at the outset had there been a well crafted contract. Our attorneys are skilled in drafting contracts, and, as their primary aim, seek to help you avoid litigation in the first place.

However, litigation often does arise. The overwhelming majority of such disputes arise upon assertions by one that the other party has somehow breached the contractual agreement. Breach may take many forms. For instance, if one’s car is damaged while being repaired, there is a breach of a bailment contract. If one’s car is repaired incorrectly, then there is a breach of a service contract. If one’s mechanic refuses to honor a warranty on the work he provided, there is a breach of a warranty. So, in one simple transaction, whether one identifies more closely with the mechanic or the car owner, one can see many different contracts made, the opportunities breach of each one, and different types of damages which may be assessed in case of breach of each.

Whether, in your case, you are the one asserting breach or accused of it, retention of counsel is a necessary first step in being successful in the litigation process. This need for counsel arises due to many factors, but, primarily attorneys are needed to read, interpret, and spot issues within the actual language of the contract itself. For one to adequately bring or defend a suit, one must know precisely what duties are assigned to each party, any warranties included, how the law addresses specific types of contracts, and whether, how a breach may or may not have occurred, and the damages which are appropriate in each case. All these aspects are highly technical in nature, and require a skilled legal eye and mind to spot all issues which effect your case.

The lawyers at our firm have just such skill, and are waiting to fight for you.