Business And Contract Disputes

Virginia Business Dispute

A business dispute may have an interior or exterior focus. Internally, business partners may disagree profoundly on issues such as accounting methods or buyout terms. Externally, businesses may struggle with problematic relationships with suppliers, subcontractors, customers, and commercial landlords, to name a few.

At Ashwell & Ashwell, PLLC, our attorneys often say that the best way to resolve a business or contract dispute is to prevent it altogether through a clearly articulated agreement from the start. Our law firm provides trustworthy counsel and representation for Virginians entering into contracts of many types. When the stakes are high, legal counsel is especially urgent. It is far easier to prevent trouble than to fix it.

Common Types of Business Disputes

Your business may become involved in several disputes. Developing strategies to resolve disputes before they escalate can be one way of solving that problem. But, in order to do that, you need to understand the main types of disputes.

Common business disputes can include the following:

1. Breach of contract. Breach of contract is understandably a common business dispute, considering the numerous contracts with employees, suppliers, customers, and others a business can enter into. Since a contract represents a legally binding agreement between two or more parties. For a breach to occur, one or more parties have to fail to perform their obligation under the contract. Contract claims may also stem from a business or commercial transaction or some other type of agreement or relationship. Examples include employer-employee conflicts, insurer-policyholder disputes, and clashes between residential or commercial landlords and tenants over leases, property usage. Arguments can also arise over payments, contract terms, employment or partnership agreements, and other issues.
2. Partnership disputes. Many conflicts can arise between partners. Conflicts can revolve around the partnership’s operations, leadership changes, financial matters, or changes in the direction of the business.
3. Disputes with other companies. In some cases, business disputes can arise when one business considers the actions of another business as deceptive or unfair. These disputes can include, for example, collusion between businesses, monopolizing, and unfair competition.

At Ashwell & Ashwell, PLLC, our attorneys help clients know what to expect and how to negotiate or litigate a satisfactory resolution as they seek to prevent or reverse losses. 

Legal Remedies for Contract Disputes in Virginia

In Virginia, several legal remedies are available for breach of contract disputes. When one party to a contract does not fulfill their obligations, the wronged party can pursue these remedies:

• Damages: The most common remedy in Virginia contract disputes is monetary compensation. This could include compensatory damages to cover what was lost due to the breach and possibly punitive damages if the breaching party’s conduct was egregious.

• Specific Performance: In some cases, especially where money is not a sufficient remedy, the court may order the breaching party to fulfill their contractual obligations. This remedy, known as specific performance, is often used in unique situations like real estate transactions.

• Rescission: The court can nullify the contract, returning both parties to their pre-contract status. This remedy is applicable when a contract claim is based on factors like fraud or misrepresentation.

• Reformation: This remedy involves the court rewriting the contract to reflect what both business clients originally intended. It is particularly relevant when there has been a misunderstanding or a mistake in the contract’s terms.

Common Challenges in Business and Contract Disputes in Virginia

Business and contract disputes in Virginia, particularly in areas like Northern Virginia with a high concentration of commercial activities, can pose several challenges:

• Complex Contract Terms: Often, contracts can contain complex and detailed terms that are open to interpretation, leading to disagreements over the contract’s meaning.

• Proving the Breach: One party must prove that the other party has breached the contract, which can be challenging, especially when the contract terms are ambiguous.

• Mitigating Damages: In Virginia, the non-breaching party is typically required to mitigate their damages. This means they must take reasonable steps to reduce their losses, which can sometimes be a complex process.

• Balancing Interests: In contract disputes, attorneys must navigate the fine line of aggressively representing their client’s best interests while working towards a resolution that minimizes prolonged conflict and financial strain.

Having an experienced attorney knowledgeable in Virginia law is crucial for effectively navigating breach of contract disputes and safeguarding the interests of business clients.