Mon May 7thRestrictive Covenants and Blue Pencils: A Shifting Landscape
A contract dispute can substantially disrupt a project and interfere with a company’s bottom line, as well as its business relations and reputation. The damages often are complicated and uniquely determined by sophisticated contract laws.
We help clients resolve disputes arising out of government contracts, covenants not to compete, commercial leases, employment contracts and business agreements. We help our clients reach the best possible resolution to disagreements and mitigate resulting damages.
Through our proactive approach, often we are able to prevent disputes through contractual provisions at the transactional stage or before the disagreement escalates to necessitate litigation. From the moment we become involved in the case, we prepare as though we are going to trial, a technique that not only gives us an edge in litigation, but also in settlement negotiations.
Negotiating and Drafting an Effective Contract
The contract is the backbone of every business deal. The document should be fully negotiated and well drafted to unequivocally express the intentions of the parties. However, even the most comprehensive contracts cannot always avoid disputes.
Our lawyers negotiate strong contracts for our clients. We approach each contract with the perspective of litigators, incorporating terms that prevent disputes from occurring in the first place and providing for clear remedies, choice of law, venue and dispute resolution provisions that benefit our clients if a dispute arises.
Contract Arbitration and Arbitration Clauses
Arbitration is a current trend in contractual dispute resolution. This method of dispute resolution allows parties to present their evidence to a trained arbitrator who then issues a binding decision. Arbitration can often benefit parties by resolving the disagreement quicker and more cost effectively than litigating the breach of contract claim.
When beneficial, our lawyers include arbitration clauses in the contracts we draft. Conversely, we also challenge unfair arbitration clauses that are detrimental to our client’s interests.
In addition, our litigation lawyers have substantial experience in all forms of dispute resolution, including mediation, arbitration and trial. We recommend the best method for our client under the given circumstances and fact scenario. When advising clients whether to arbitrate, we evaluate what is best in terms of time, expense, confidentiality, reputation, good will and future business relations.
Remedies to Breach of Contract
Remedies available for a contract breach depend upon a variety of factors, including the provisions contained in the contract and the goods or services governed by the contract. We pursue the remedies that are most beneficial to our client, which may include monetary damages, injunctive relief and specific performance. We also offer strong defenses to clients accused of breach.
Learn More About Contractual Rights, Obligations and Remedies
If you have questions about your contractual rights or obligations or are involved in a contractual dispute, contact an Alexandria corporate litigation attorney at Harvey & Binnall, PLLC. We will review your situation and discuss all options that may be available to you.