California & Arizona Business Attorney
The complexity of your legal needs grows as your business grows. As a result, you will need experienced legal representation to address business agreements or general business litigation matters. We offer years of experience to provide professional insight in all matters of business law and company transactions. We provide personal service, effective solutions and aggressive advocacy to companies of all sizes.
Business litigation typically involves a wide variety of disputes, including breach of contract claims, unfair competition, unfair business practices, breach of warranty, breach of promissory note, breach of guaranty, breach of real estate agreements, partnership disputes, limited liability company disputes, breach of shareholder agreements, failure to pay invoices, and fraud. In fact, commercial litigation can involve virtually any dispute between one business and another, or between owners of the same business.
Contracts & Agreements:
Contracts are the foundation for most business transactions. We draft and review all types of agreements including non-compete agreements, lease agreements, real estate contracts, financial agreements, vendor contracts, and all related contracts necessary to build a strong foundation for your company. Contracts are the lifeblood of your business. We provide detailed information to help minimize risk and protect you from future problems.
Generally, most contract issues are the result of a breach of contract claim by one or more parties, involving a payment dispute, performance issues by a contractor or sub-contractor, or workmanship claims involving defects in design, materials or defects associated with soil and landslide settlement.
Our goal is to help clients resolve these claims while remaining sensitive to the economic interests of each case. We work closely with clients and outside technical experts to determine the nature of the dispute, the legal liability of each party, and the actions necessary to resolve the client’s claim.
When a breach occurs, or is alleged, one or both of the parties may wish to have the terms of contract enforced and may try an recover any financial harm caused by the alleged breach. If a dispute arises and good faith efforts fail to resolve the dispute, the most common method used to resolve contract disputes and enforce contracts is through lawsuits and the court system The parties can also agree to have a mediator review the contract dispute, or may agree that arbitration is equally beneficial to both parties and agree to alternative dispute resolution.
When an individual or business breaches a contract, the other party to the agreement is usually entitled to some form of relief or damages. The remedy most often used for a breach of contract is some form of payment by the breaching party to the non-breaching party. There are many kinds of damages awarded in a breach of contract action. These may include:
Compensatory damages are meant to put the non-breaching party in the same position that they would have been if the breach had not occurred.
Punitive damages are meant to punish the breaching party for particularly wrongful acts, and are rarely awarded in the business contracts setting.
Liquidated damages are damages that were identified in the parties contract, in the event of a breach.
Specific Performance. If money damages are inadequate as a legal remedy, the non-breaching party may ask for an alternative remedy called specific performance. Specific performance is generally a court-order requiring the breaching party to do or refrain from doing some specific act. Specific performance may be used as a remedy for breach of contract if the subject matter of the agreement is rare or unique, and damages would not place the non-breaching party in as good a position as they would have been had the breach not occurred.
Cancellation of the Contract. In some cases, the non-breaching party may chose to cancel the contract. This voids the contract and relieves all parties of any obligation under the agreement.
Business Formation:
Business formation is the foundation of any successful business. Our firm is well-equipped to help meet the legal requirements necessary to properly form your business. In addition, we can help you navigate through regulatory and compliance issues necessary to ensure you and your company are well-protected.
Opportunities abound when it comes to creating and providing a new product or service. We provide sound guidance for startup companies and entrepreneurs to help them not only achieve immediate success but long-term growth. We are prepared to help you navigate all stages of your company’s development.
General Counsel:
We offer general counsel services to businesses in all industries, to assist with contracts, disputes and all areas of planning, finances, and litigation that may arise. Having a knowledgeable business lawyer on your side can make all the difference in day-to-day operations and managing legal affairs. We understand your legal needs and the importance of being cost-effective.
Business Litigation:
Business Litigation can be complex and must be handled with careful preparation and aggressive representation to protect your company’s interests. We handle commercial litigation involving contract disputes and the many other issues that may impact your company success. We seek to protect your interest, whether it is through mediation, arbitration, negotiation or litigation.
To speak with a lawyer about a legal matter or business dispute, please call (800) 832-0720, or contact our office by email.