"BE PREPARED FOR THE INEVITABLE."
Given the intersection of human nature and the almighty dollar, contract disputes are inevitably going to occur in everyday life. Whether it's a contract dispute between a homeowner and a contractor or between a contractor and subcontractor, a contract dispute can turn very ugly very quickly. Sometimes the dispute can be worked out without going to court; sometimes not. Either way, however, sound legal advice and representation is always essential.
When a party to a contract fails to abide by the agreed upon terms, a breach occurs. In certain situations, both parties to the contract point the finger at each other accusing the other side of non-compliance. When a lawsuit is filed, the party alleging the breach typically seeks one of three remedies. The first remedy, and by far and away the most common, is to seek a judgment for money damages. Money damages may be determined from the face of the contract itself, or where damages are not readily ascertainable by mathematical calculation, must be assessed by a judge or jury after an evidentiary hearing. The second remedy is known as specific performance. An equitable remedy in nature, specific performance involves the Court ordering the breaching party to perform the action required by the terms of the contract. This remedy is usually sought in cases involving real estate, such as a party's failure or refusal to convey title pursuant to the terms of a purchase and sale agreement. The last remedy is injunctive relief - a process whereby the moving party requests a court order requiring a person or entity to stop or refrain from doing a specified act. Injunctive relief can take the form of a temporary restraining order, a preliminary injunction or a permanent injunction.
D. Baker Law Group, P.C. has the experience and knowhow to advise and represent any person or any business that becomes embroiled in a contract dispute whether in court or in arbitration. If the matter cannot be settled, the Firm is ready, able and willing to litigate.