Contract Disputes Attorneys in Dayton, Ohio

Disputes are an inevitable aspect of running a business. Many of the disputes arise due to disagreements over contractual terms. When contract disputes arise, parties have several options for resolving them. One of them is going to court. However, litigation is often costly, risky, and time-consuming.

At Duwel Law, we protect the rights of individuals and businesses dealing with contract disputes in Dayton, Ohio, and throughout Greene, Darke, Montgomery, Miami, and Warren counties. If you are involved in a contract dispute, you must speak with an experienced business law attorney to understand your dispute resolution options.

Types of Business Contract Disputes

Our business contract dispute attorneys at Duwel Law represent businesses involved in different types of disagreement that arise over contractual terms, including:

• Breach of contract disputes

• Non-disclosure agreement (NDA) breaches

• Non-compete agreement breaches

• Breach of buy and sell agreements

• Commercial lease agreement disputes

• Vendor/supplier disputes

While most contracts in business are in written form, verbal agreements may also become the source of a dispute, though oral contracts are usually more difficult to enforce.

Elements of a Breach of Contract

When it comes to suing another party to the agreement for its failure to fulfill its contractual obligations, the wronged party must prove the following four elements when filing a breach of contract claim:

1. A valid contract exists

2. The plaintiff (the wronged party) complied with the terms of the contract

3. The defendant (the party who breached the contract) did not fulfill its obligations under the contract

4. The plaintiff suffered damages due to the breach of contract

Our skilled business law attorneys can help you establish the elements of a breach of contract to prove your case and ensure that you receive fair compensation for your damages.

Defenses for a Breach of Contract Claim

If your business is being sued for an alleged breach of contract, you need to know the available defense options in your case. Some of the most common defenses that can be raised by defendants in breach of contract claims include:

• The defendant revoked the contract before the alleged breach occurred

• The defendant indicated that they were not going to fulfill their contractual obligations

• The defendant was forced into entering the contract by fraud or duress

• The contract contains provisions that make it illegal under state or federal law (e.g., it violates tax law)

• The contract contains ambiguous or contradictory terms

• The contract lacks consideration

• The party or parties to the contract could not enter into an agreement

There are many other defenses to breach of contract claims. If you are considering your defense options in a breach of contract case, schedule a case review with a contract dispute attorney.

Contract Dispute Resolution Options

Contrary to popular belief, litigation is not the only option for resolving contract disputes. Often, going to court to resolve a contract dispute is a more adversarial, expensive, and time-consuming resolution option. Cheaper and more efficient alternatives to litigation include:

1. Mediation. Mediation is a conflict resolution option that involves a neutral, third-party mediator. The mediator does not make decisions for the parties involved in the dispute. Rather, the mediator facilitates the negotiation process to help the parties reach an agreement.

2. Arbitration. Another alternative to litigation is arbitration. While arbitration is similar to mediation, arbitration is a more formal dispute resolution option. The arbitrator issues a final and legally-binding decision upon the parties.

3. Collaborative law. The third common option for resolving a dispute is known as collaborative law. As its name implies, collaborative law involves collaboration between the parties and their lawyers and avoids traditional court proceedings.

You must speak with a knowledgeable attorney to help you understand your options for resolving your business contract dispute.