Commercial disputes often arise in the performance of a contract: delays in performance, defective performance, and late or non-payment. In these cases, it may be helpful to retain an attorney to ascertain what legal options and remedies are available to you.
One of the first things that an attorney will need to determine is whether the failure of performance is in fact required under the agreement. (In some cases, the law only requires “substantial performance.”) In many cases, the exact boundaries of performance are not clear. Nevertheless, an attorney may be able to assist in negotiating a resolution that is acceptable to all parties.
Where negotiation is unsuccessful, litigation may be the only recourse. However, because the law generally does not provide compensation for speculative or indirect damages, an attorney will help determine what damages may be recoverable and whether litigation is cost-effective. And, if litigation is necessary, retention of good litigation counsel may be necessary.
Our firm handles a wide variety of litigation matters for our business clients. However, because we represent both employees and tenants, we do not represent employers in disputes with employees, nor do we represent landlords in disputes with tenants.
If you have a question about your legal rights, or wish to speak to an attorney about your situation, please call us today at 510-663-9240, or contact us online to discuss your legal rights.