CONTRACT ISSUES

Contract Issues

Any time you or your company agrees to pay or do something in exchange for value, a contract is probably formed. A contract can be formed orally, or by the exchange of writings that do not necessarily look like a contract. For example, the exchange of emails could result in a binding contract, or even a few words scribbled on a napkin.   Some types of contracts must be in writing to be enforceable. And where there is significant risk or value involved in the transaction, it is always advisable to have an agreement in writing that includes all of the important points and eliminates potential areas of confusion or ambiguity. There may be some points or issues that a contracting party may not realize should be included or considered. A written agreement becomes proof of what was agreed upon and prevents someone from forgetting or taking a different position later. 

George Murphy Legal Services has the skill and experience to design effective and comprehensive written agreements for many different situations. The goal of drafting a written agreement is to create a roadmap for the parties to follow and to avoid one party doing something that violates the intent of the parties as expressed in the terms of the agreement. It is highly advisable to seek the guidance of skilled attorneys to prepare an appropriate document that includes the necessary provisions to carry out the parties’ intent and is enforceable under the applicable law.

If, after the contract is created, a contacting party does not fulfill one or more obligations under the contract, that may constitute a breach of contract, giving the aggrieved party potential rights against the breaching party. Several different remedies are possible, with money damages being the most common. When one party believes the other has breached, or is itself the party allegedly in breach, it is crucial to seek the advice of an experienced and skilled attorney to protect the interests of that party. A breach can result in litigation.

If someone consults George Murphy Legal Services regarding a possible breach of contract, we may attempt to resolve the dispute without litigation, where possible. That could involve communications with opposing counsel or mediation, in which a neutral third-party tries to help the opposing sides come to a resolution. If those efforts are unsuccessful, litigation may be necessary. In that realm, George Murphy Legal Services has extensive experience and a proven track record of successfully representing the interests of our clients in contract litigation. 

The key is to talk with us before entering into a binding contract. Our goal is to help our client achieve the best possible outcome without incurring unnecessary legal fees and costs. Designing a solid contract at the outset is the best strategy. But where litigation is unavoidable, we are fully equipped to fight on our client’s behalf to conclusion.