Business Litigation Lawyer NYC - Francelina M. Perdomo Klukosky of Perdomo Law
Business Litigation Law Firm, Perdomo Law in Manhattan, New York City, NY
When two commercial parties enter into an agreement, one party draws up a contract that lays out the terms both businesses agree to abide by and uphold. Businesses may work with contractors or suppliers to help fulfill customer orders and requests. A company also has contracts with employees and consumers. Any disagreement between a firm and another company, employee, or client may spark a business contract dispute.
What Are Business Disputes?
Disputes between businesses occur when one or both parties provide an unsatisfactory result in a transaction. These instances might pertain to delivery timelines, condition of products, inferior services, or conflicts concerning contract coverage. Any firm can have a customer dispute that leads to court stemming from delivering products with damage or causing bodily harm to consumers.
Some disagreements cause a breach of contract
while others concern employee treatment including disability or discrimination cases. Contract disputes or breach of contract with personnel can stem from unfair working conditions, payment discrepancies, and harassment. Any time a business does not live up to or deliver on a transaction, a contract dispute may happen.
Who May Need a Lawyer for Business Disputes
- Businesses with employees
- Companies outsourcing work to contractors, suppliers, and other firms
- Firms selling products or services to consumers
- Agencies entering into a contract with one or more parties
- Businesses delivering goods or services on behalf of other companies
A business litigation lawyer is a beneficial party for resolving problems between companies. Many companies use similar contracts to create a partnership with other firms. The details turn the general agreement into a time and condition-specific document that both parties discuss and agree upon before making a commitment and signing on the dotted line. If either party does not live up to the contract details, then the other member or members may seek retribution via contract resolution.
When You Need Assistance from a Business Litigation Lawyer
Whether you are the person who does not fulfill the contract or the one who feels they were wronged, a breach of contract or business dispute lawyer is helpful. Francelina M. Perdomo Klukosky can lay out the terms of the contract, explain where the breach occurs, what is necessary to resolve the situation, and provide assistance in court should the dispute result in a lawsuit.
- Considering entering into an agreement with other parties - to draw up binding legal forms and oversee contract details.
- Employ one or more people to work for a business - to create employment contracts.
- Anyone files a dispute or claim against the business - someone feels an injury is due to company oversight, unsafe conditions, or for delivering an inferior service.
- One or more portions of a contract are breached by either party.
Business Litigation Law Firm Protecting Your Interests When Someone Files a Dispute
When you are the accused party, a business litigation attorney will determine whether the claim is true with several key details. The company or person filing suit must show proof of a willingness to take part in business together. The signatures of both parties in specific places in the contract are necessary.
The accusing party must provide proof they followed the deal and met the standards agreed upon by both parties. This group is also responsible for showing where your company failed to meet the same contract requirements. Another key detail is notice of the breach. When a party does not live up to the contract, the accusing partner must notify the other business, person, or group of the breach and give the entity a chance to rectify the situation.
The time after notifying the party of the business dispute gives both partners a chance to seek legal counsel. A specialized attorney can look at the contract, advise the partner on next steps, and be prepared to enter court if the case is not resolved with arbitration or mediation. Many business contracts include an alternate means of resolution as a way of staying out of court.
Ways to Resolve Business Conflicts Outside of Court
- Arbitration - Both groups agree to settle the dispute outside of court through an arbitrator who will oversee the case. The arbitrator listens to each side of the dispute and looks at documents pertaining to the contract, and makes a binding decision. Each party agrees to abide by the decision before the arbitration takes place.
- Mediation - This avenue is where each member agrees to work with a neutral person to seek a resolution. The mediator has no authority to make a decision. This person acts as a centering agent who helps the parties come to an agreement on the best way to resolve the situation.
Types of Resolution for Contract Disputes
- Payment - the person responsible for the breach agrees to pay a certain amount of monetary damages to the person or business accusing the other of the breach.
- Disbanding the Contract - the parties can agree to sever ties and seek partnerships with other firms.
- Asset Restoration - the offending party offers to pay extra money or provide services to repair the damage the other firm incurs because of the breach.
- Special Remedies - another form of repairing the damage by fixing disputes through alternative methods because of the situation. For example, a trophy supplier and a high school track team have a disagreement where the trophies did not have the correct name of the school. The trophies were not available to give out to the winning team on time because of the mistake. The offending party can offer to host a special event recognizing the athletes and presenting them with the new, fixed trophies. The trophy maker pays the cost for the event and loses money because of fixing the trophies to satisfy the dispute and fulfill the agreement.
Existing Business Needs and Litigation Support Package
Established businesses also have legal needs. Success can make a company more vulnerable to competition and litigation. Busy schedules can lead to mistakes. Francelina M. Perdomo Klukosky can look over contracts, goals, and procedures to see the details the people involved in the work may have overlooked. Our firm can assist with:
- Review existing contracts, provide comments, and redraft for improvement
- Provide opinion letters regarding contract enforcement
- Explore out-of-court settlement options for existing disputes
- Create a litigation plan for potential and existing disputes
Contact Business Litigation Attorney, Francelina M. Perdomo Klukosky for a Cace Assessment
From conception to expansion, our legal team can help your business prepare and protect your firm with personal experience in patent law, negotiation, licensing, and dispute resolution.
Please contact us for a case assessment.
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