How To Successfully Win A Contract Dispute
Posted on: 11 May 2021
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When you enter into a contract, you will likely not want to find yourself involved in a contract dispute. However, if this does happen, there are steps you can take to maximize the chances that you will win the contract dispute.
The Contract
The most important part of winning a contract is that the contract is clear. The contract should be clear and unambiguous. If this isn't the case, you may need help from a contract dispute lawyer.
If you believe that the other party has breached the contract, you will want your contract dispute lawyer to review the contract and look for examples in which the other party might have violated the contract. With the contract spelled out, your goal will be to make sure that you fulfilled your obligations and determine whether the other party violated their obligations.
Great Recordkeeping
If you are being accused of not fulfilling your end of the contract, you will need copious records to prove that you upheld your end of the contract. Your attorney will advise you on the records that will assist you in proving that you didn't violate your contract and should not suffer the penalties that would result.
The Role of Witnesses
When you are accused of having violated a contract, you may require witnesses who will testify to the fact that you fulfilled your end of the bargain. For example, you will need witnesses to testify that you performed certain actions when the other party claims otherwise.
Personal Guarantee
If the party you are having a contract dispute with owns a limited liability corporation, this can prevent you from taking legal action against that party. Then, they will not be able to take advantage of the corporate shield and will be personally liable.
Damages
Regardless of whether the contract was violated, there must be damages. In addition to calculating the damages, there might be a clause in the contract that stipulates that fees will be assessed if a term of the contract is violated.
Litigation can take many years, even if your case never goes to trial. Settling out of court is less expensive than going to trial, but the other party might be unwilling to negotiate and you may be forced to get the courts involved. However, you will not want to wait when taking legal action because there is a statute of limitations with contract disputes.