The purpose of a contract is to hold people accountable for an agreement. If the landlord or tenant, contractor or construction company, a home seller or home buyer signs a contract, you expect that they are going to honor the conditions. However, real life seldom goes as planned and this can lead to a breach of contract.
It is important to determine what the goals are for the plaintiff. Generally, it breaks down to:
- The plaintiff wants the other party to honor the agreement.
- The plaintiff wants to get damages because of loss of income and business, or it is a matter of inconvenience.
- The plaintiff wants to cancel the contract.
When litigation is needed
There are several solutions whether the case ends up in Civil Court or Small Claims Court. However, the court will most likely be necessary if:
- The dispute involves a large sum of money
- There is a title or an insurance issue
- There is a boundary dispute
- There is a case for fraud
Resolving the matter outside of court
If the two parties are willing to discuss issues civilly, there may be an opportunity to resolve the dispute without going to court. Alternatives include various forms of mediation or arbitration where the two sides attempt to resolve the matter. The advantages include resolving the issue faster than waiting for a court date, and it is also less expensive than having attorneys prepare for court. Perhaps most importantly, the collaborative nature of this approach can be useful if the two parties plan to continue to have a business relationship.
These contracts provide protection
A well-constructed contract can make a tremendous difference in the success and enforcement of a business agreement. The trick is to enforce it in a manner that does not cost more than the issue in dispute is worth. An experienced real estate and business law attorney can structure a deal or hold the other side accountable in mediation or court to ensure that their client gets a fair and equitable solution.