Contract Dispute Lawyer Fresno
Are You Experiencing a Legal Issue With Your Contracts?
Contracts are at the very root of just about every transaction, agreement, and legal issue. A rock-solid contract lies at the start of every great business relationship. At least, it should be.
What do you do when an argument arises, and at the center of it is a poorly written contract? What can you do when the contract is great but the other party is failing to follow the terms outlined within it? Do you have legal options when you take a closer look at your agreement and find terms that seem one-sided or unfair?
Calling Tomassian, Pimentel & Shapazian should be your first step. We offer guidance through disputes and the legal process of contract drafting and will review your important contracts before your pen meets the page and you lock yourself into a potentially predatory agreement.
Speak with a contracts lawyer today by calling 559-545-0383. Our law firm offers a free consultation where we can get to know your circumstances and start to strategize a legal approach that fits your specific needs.
What Are the Basics of an Enforceable Contract in California?
For a contract to be legally enforceable in Fresno, or anywhere in California, it must meet a few key requirements. These include:
- Offer and Acceptance: One party must make a clear offer, and the other must accept it without significant changes.
- Consideration: Something of value must be exchanged, such as money, goods, or services.
- Legal Capacity: All parties must be legally competent to enter into a contract. Example: of a sound mind and legal age.
- Lawful Purpose: The contract’s subject matter must be legal.
- Mutual Consent: All parties must agree to the terms willingly and understand what they are signing.
Written contracts are often easier to enforce, but California also recognizes some oral agreements. If a dispute arises, a Fresno contract attorney can help assess the validity of your agreement and assist you with your legal options.
What Is a Breach of Contract?
When one party fails to fulfill its obligations under a valid agreement, it has breached the contract. This may involve missed payments, failure to deliver, or violating specific terms outlined in the contract. A breach of contract can lead to legal action for damages or specific performance. A contract disputes attorney can help you determine whether a breach has occurred and what remedies may be available.
Can You Sue for Breach of Contract?
When a party you are in agreement with fails to deliver on their obligations, you absolutely can sue them. You will have to prove that you had entered into a legally binding contract and that one party failed to uphold their end of the deal.
There are two main types of breach:
- Material Breach: A major failure that goes to the core of the agreement, often giving the other party the right to cancel the contract and seek damages.
- Minor Breach: A less serious issue that doesn’t break the entire contract but may still result in a compensation claim.
Legal remedies for breach of contract in California include:
- Monetary Damages: Compensation for financial losses caused by the violation.
- Specific Performances: A court order requiring the breaching party to fulfill their contractual duties. This is more common in real estate or unique asset cases.
- Rescission: Cancelling the contract and restoring both parties to their original positions.
- Restitution: Returning any benefits conferred under the contract to avoid unjust enrichment
When you are involved in a dispute, your first call should be to a Fresno contract attorney. A contracts lawyer from Tomassian, Pimentel & Shapazian can help you assess your case, explain your legal options, and pursue a solution through negotiation or litigation.
What Should You Do If You Are Being Accused of Breaching a Contract?
Being accused of breaching a contract can be stressful and potentially damaging to your business or reputation. Taking the right steps as early as possible can help you avoid making the situation worse and may even allow you to resolve the issue before it escalates.
- Gather Your Documentation: Start by gathering all relevant documents, including the original contract, emails, invoices, and any other communications between you and the other parties. This evidence is crucial in understanding the nature of the disputes and will help you build a stronger case.
- Avoid Direct Confrontation: While you may be tempted to explain or justify your actions, doing so without legal guidance could put you at risk. Misstatements or admissions can be used against you later in court or negotiations.
- Speak With an Attorney as Soon as Possible: A Fresno contract attorney can review the terms of your agreement, analyze the supposed breach, and help you craft a strategy for response. Whether the goal is negotiating a settlement, defending against civil litigation, or filing a counterclaim, legal representation is essential for protecting you and your interests.
Our law firm can provide legal advice to ensure you are protected from the legal fallout that can arise from contract issues. We have a deep understanding of how contracts are supposed to work in California and take a proactive approach to all contract cases to fight for the best possible outcome.
What Happens if a Contract Includes a Dispute Resolution Clause?
Many contracts include something called a dispute resolution clause that outlines how disagreements should be handled. These resolutions often require mediation or arbitration before litigation. These clauses are legally enforceable in California and can significantly affect your options.
Mediation is done with a neutral third party who helps both sides reach a voluntary agreement. Arbitration, however, is more formal and may result in a binding decision. When a contract mandates one of these methods, you may be barred from going directly to court.
How Can You Avoid Disputes in the First Place?
The best way to handle disputes is to prevent them from happening in the first place. A clear, well-drafted contract is essential. A sound contract should outline the rights, responsibilities, timelines, and remedies for each party in precise terms and leave as little room for interpretation as possible. Vague language and unwritten “understandings” should be avoided.
Before signing anything, have it reviewed by a contracts lawyer with extensive experience who can identify potential legal pitfalls or unclear provisions. Keeping detailed records of all communications and performance throughout the relationship can help settle future disputes.
Legal representation at any stage, from contract drafting to reviewing a contract before signing, can help you avoid costly legal issues in the future. Tomassian, Pimentel & Shapazian can provide guidance and ensure your best interests are at the forefront.
Do You Need a Contracts Lawyer?
Our Fresno contract attorneys represent clients with their contract issues. Whether you are facing property disputes with a tenant, business disputes with a partner, or any other type of issue throughout this legal process, we are ready to represent you.
Call 559-545-0383 to schedule a free consultation with a contract lawyer today. We will take a custom-tailored approach to your situation and help you understand contract law before you sign a shady contract. Our team offers a broad range of services because we are aware that our clients have unique needs.