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Contract Disputes

At some point in time, we have all entered into some type of contract with another party – an employment contract, a rental or home purchase contract, a contract for services or goods. Regardless of the circumstance of the contract, they all have this simple truth in common: a contract is intended to be enforceable by law. These written “promises of performance” are designed to protect both parties, by defining specific terms and expectations to be met. That’s why it is so important to read an entire contract before you sign it – so that you understand exactly what you are getting into. Once you’ve signed, you commit to do your part to uphold your end of the bargain, be it renter, employer or service provider. Unfortunately, just because you do what you are supposed to doesn’t mean the other party involved in the contract will mirror your actions. Cohen & Lucyniak is here to provide guidance on what you can do should you find yourself in a potential contract dispute.

Common Types of Contract Disputes

Contracts are only valid when they include an accepted offer and some form of payment for the products or services received. If the terms of the agreement are not met by one or both of the parties, a contract dispute may arise. Disputes may include:
  • Coercion or fraud
  • Misrepresentation
  • A failure of one party to perform on his end of the bargain
  • An ambiguous contract term

What is Breach of Contract?

A Breach of Contract occurs when one of the contract parties does not fulfill what they promised to do in the agreement. A breach isn’t limited to one of the parties not upholding their end of the total contract in terms of completion, but also reaches into partial fulfillment as well. There are several different types of Breach of Contract, including:
  • Anticipatory: One party announces in advance that they will not fulfill the contract
  • Actual: One party refuses to fulfill their side of the agreement by the due date, or presents an incomplete product or efforts
  • Minor: One party fails to perform some part of the contract
  • Material: The end product is something significantly different than what was specified in the contract
One of the specialties of our Boston-based boutique law firm is being well-versed in the specifics of Contract Disputes, including Breach of Contract. We have a tremendous depth of knowledge that we share with our clients to help them understand the legality of the contracts they’ve entered into, as well as how contract laws protect them. We offer free consultations – contact us here.

Avoiding Contract Disputes

Simply put, be wise. Practice due diligence – in other words, do your homework. Read and re-read the terms of the agreement you are signing. Have it reviewed by an attorney. Be confident in the party or parties with whom you are doing business. Pay attention to the language used in the contract, and discuss any uncertainties in terms or understanding with the other party, and your attorney, before you sign. Making sure you are comfortable with the language of a legally binding document will help in avoiding potential contract disputes. Of course, you can’t predict if or when the other party will breach the agreement, but taking the steps to ensure the language of the agreement works for both parties will assist in avoiding legal issues.

At Cohen & Lucyniak, we offer expert legal counsel regarding Contract Dispute. If you believe you’ve done your part and another party breached their end of the agreement, contact us today. We will help you determine your course of action in settling the dispute legally and with confidence.

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