Disputes are an unavoidable part of owning and operating a business. Even if the business disputes seem like a time-consuming, emotionally draining, and immense task, a business disputes lawyer in San Antonio can represent your business in contract disputes and breach of contract claims.
Types of Business Disputes
A business disputes attorney in San Antonio can support your business in finding effective and peaceful solutions while reducing the number of contractual clashes, misunderstandings, and disagreements. Business dispute matters often include:
- Pre-litigation resolution and settlements
- Breach of contract lawsuits
- Claims against businesses for failing to pay a contractor or vendor
- Claims against contractors or vendors for failing to fulfill the terms of a contract
- Collection of unpaid debt
- Disputes between members, partners, or shareholders
Contract Provisions
Contract provisions are some of the most commonly litigated disputes in business law. Businesses cooperating with purchasers, subcontractors, suppliers, nearby businesses, and business partners are at-risk of contract disputes arising. With an experienced business disputes attorney in San Antonio representing your case, subcontractors can be held responsible for leaving work undone, partners can be held responsible for their contractual obligations, and suppliers can be held liable for delivering unsatisfactory goods.
Contract disputes normally arise in the following instances:
- Payment terms
- Termination rights
- Work scope
- Warranties and representations
- Indemnity clauses and risk-of-loss provisions
- Other unforeseen costs and circumstances
Understanding the terms of your contractual agreements and the provisions they make, could help your business disputes attorney decide upon the right strategies in your claim. Contracts often include provisions on the choice of law or venue, the implications of the contract, and the alternative dispute resolution options.
Conducting a thorough contract review can help you address contractual inconsistencies and devise ways to tackle them in your upcoming mediation or trial. Contract provisions may have restrictive language that limits the recoverable damages. There also could be provisions that shift responsibility and cover legal fees. Having a thorough understanding of your contractual agreements, its provisions, and limitations may determine the validity of your case, and who is to be held liable.
Collecting Unpaid Debts
Hiring a business lawyer in Texas, as opposed to a debt collection agency, could be a quicker alternative to settling your debt dispute and preserve an established and once-lucrative business relationship. Hiring a business disputes attorney may be what your business needs in order to secure the repayment of debt because legal proceedings can be lengthy, expensive, or expose businesses negatively in the press. An adept San Antonio business lawyer can send letters on their client's behalf communicating the seriousness of the debts and how the business is willing to escalate their efforts to retrieve the debts, negotiate settlements with the debtor, or file lawsuits to obtain a judgment.
Pre-Litigation Resolutions
U.S. corporations pay more than $20 Billion a year in fees associated with litigating business disputes including lawyer's fees, litigation costs, costs of diverting employees, and resources from other activities to focus on the litigation and the costs of damaging important relationships essential to the function of the business. Most business disputes settle out of court and having a San Antonio business disputes attorney with experience in mediation and Alternative Dispute Resolution (ADR) can save your business' essential resources, and valued relationships.
Mediation
Mediation is often worked into contractual agreements and gives each party an opportunity to come to an understanding of the issues and develop solutions that meet the needs of both parties. A neutral party, the mediator, can help legal teams, and the businesses they represent, come to agreements without spending an exorbitant amount on court fees. Mediations typically last a few hours and your business disputes attorney can support you in finding a mediator to help settle your dispute.
Most mediations result in a settlement and a signed memorandum that stipulates what both parties have agreed to. If the mediation is unsuccessful you and your defense team will have a clearer understanding of the opposition and devise a strategy to beat them in court. In 2016, more than 215,000 business establishments closed in one-quarter of the year resulting in more than 749,000 individuals losing their job. A San Antonio business disputes attorney can help protect your business, mediate, or settle your business disputes.