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When Can Civil Litigation Address a Breach of Contract?
Contracts form the foundation of many business transactions and relationships. When one party fails to fulfill their obligations under a contract, the other party will need to determine how to address the breach of contract. Commercial litigation may be necessary to resolve contract disputes. By demonstrating that they have suffered harm due to a breach of contract, the injured party can receive appropriate remedies. An experienced attorney can provide representation in these cases, helping injured parties seek remedies or working to defend against breach of contract allegations.
Types of Contract Disputes
Breach of contract disputes arise in various situations, including:
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Construction projects: Multiple parties such as including property owners, contractors, subcontractors, and suppliers may be involved in these conflicts. Disputes may be related to delays in the completion of projects, which can lead to significant financial losses for multiple parties. These cases may also address defective workmanship that did not meet the specified standards or non-payment for work or materials.
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Business partnerships: When a business has multiple owners, a partnership agreement can outline the roles, responsibilities, and expectations of each partner. Disputes between partners can arise based on disagreements over the direction or management of the business or claims that a partner has mismanaged business finance or failed to fulfill certain obligations. In some cases, legal action may need to be taken to resolve these disputes.
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Shareholder disputes: Shareholders in a corporation may encounter conflicts that require legal intervention, such as violations of shareholder agreements, oppression of minority shareholders, or disputes over dividends and profit distribution.
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Franchise issues: Franchise agreements detail the terms under which a franchisee operates a business under the franchisor's brand. Breach of contract claims may involve the failure to adhere to operational standards or use approved products and services, the non-payment of royalties or franchise fees, or the termination of franchise agreements.
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Employment disputes: Employers and employees enter into contracts that outline the terms of employment, including job responsibilities, compensation, and benefits. Disputes may arise related to claims of wrongful termination in violation of a contract, violations of non-solicitation agreements, or unauthorized disclosure of confidential information.
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Real estate transactions: When buying and selling property, the parties involved in a transaction enter into a purchase contract. Disputes may arise related to issues such as failure to transfer ownership of property as agreed, attempts to back out of a transaction, or non-disclosure of property defects.
Remedies for Breach of Contract
During contract litigation, the injured party may seek various remedies, including the following.
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Damages: A party may seek to recover financial compensation for losses incurred due to the breach.
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Specific performance: The injured party may request a court order requiring the breaching party to fulfill their contractual obligations.
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Rescission: In some cases, it may be appropriate to cancel the contract, with both parties returning any benefits received.
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Reformation: A contract may be modified to address mistakes or changed circumstances.
Contact Our Milwaukee, WI Contract Litigation Attorneys
Business owners or others who are involved in contract disputes can take steps to protect their rights and interests and resolve these cases successfully with the help of a skilled attorney. At Gimbel, Reilly, Guerin & Brown, LLP, our Milwaukee, WI breach of contract lawyers can help determine the best options for addressing contract disputes, including helping to negotiate settlements or advocating for our clients’ interests during litigation. Contact us at 414-271-1440 to arrange a consultation and learn more about our commercial and civil litigation services.
