Contract Disputes Attorneys
A contract dispute is virtually a certainty – eventually – sometime in the life of a business. When they do, they need to be addressed as soon as possible – regardless of how bad it may seem to you, there are always several avenues to resolution.
Hopkins Centrich, The Woodlands premier business law firm, has worked with businesses and business owners for over twenty years in resolving contract issues of almost every conceivable type.
When Contracts are Broken
A million contracts a day are broken but no one notices, and no one is affected in any meaningful way. Doubt that? Odds are decent that you’re breaking your contract with Apple while you read this. Does the ‘breach’ have any effect on Apple? Do they even notice? That ‘breach’ does not affect anyone.
Unlike the 'broken' contracts Hopkins Centrich handles virtually every week, many of which are broken agreements that may have serious and far-reaching consequences for our clients who were relying on their performance. Business owners, families, and companies can trust us to navigate through these challenges
Contracts set the standard for working relationships, responsibilities, expectations, and more. A breach means someone did not uphold their part of the contract. They were irresponsible. You are not responsible for their failure to act as promised but you are adversely affected. A broken promise may affect compensation, damage business relationships, and impair reputations.
Beyond the frustration, disappointment, anger, and stress is the knowledge that your business has been affected – which means your employees and family have been affected.
As a business owner on a tight schedule, you can’t afford to wait for the matter to resolve itself. At some point – hopefully early – you need to recognize that demanding compliance is eating up your workday. You should not try to ‘fix’ it yourself, that’s a path to a worse problem.
Types of Contract Disputes
Just as there are countless reasons to draft and execute a business contract/agreement there are countless reasons disputes arise. Here are some of the more common ways contract disputes can arise:
Breach - One party fails to fulfill their obligations under the terms of the contract. This could include failure to deliver goods/services, failure to make payments, violating exclusivity terms, etc.
Disputes over scope - The parties disagree over whether certain goods, services, or responsibilities were included in the contract.
Ambiguous terms - Vague, undefined, or conflicting contract terms can lead to differing interpretations and disputes.
Changes in circumstances - An unforeseen situation renders a party unable to meet their contractual duties.
Misrepresentation - A party makes false statements during contract negotiations, inducing the other to enter into an agreement.
Non-disclosure - A party fails to disclose material facts or makes misleading partial disclosures during negotiations.
Mistakes - Contract formation was affected by a mistake of fact made by one or both parties.
Invalidity - One party believes the contract is invalid or voidable due to reasons like lack of capacity, duress, undue influence, etc.
Performance issues - Defective performance or subpar goods/services lead to allegations of breach.
Unjust enrichment - One party benefits at the unfair expense of the other party.
Unconscionability - A party claims the contract is excessively one-sided and unfair.
Here are some additional common ways contract disputes can arise:
Impossibility/impracticability - Unexpected circumstances make performance unfeasibly difficult or expensive.
Frustration of purpose - An unforeseen event undermines the rationale for entering the contract.
Interference by third parties - External factors or individuals intentionally interfere to cause a breach.
Unenforceable provisions - A contract contains clauses that are invalid or illegal.
Non-occurrence of conditions - A condition precedent does not occur, preventing a party's duty to perform.
Wrongful termination - A party ends the contract in a manner not allowed under its terms.
Disputes over payment terms - Disagreements arise over billing, payment schedules, penalties, interest, etc.
Poor communication - Misunderstandings result from vague correspondence during performance.
Personnel issues - Problems with assigned personnel cause delays or deficient performance.
Changes in market conditions - Shifts in prices, supply, or demand affect contract equilibrium.
Defects in ownership title - Questions arise over clear title to goods being transferred under the contract.
Bankruptcy - The bankruptcy of one party affects or precludes contract performance.
About Hopkins Centrich
Hopkins Centrich PLLC provides cutting-edge, high-quality, creative legal solutions for business and business owners in Texas.
Our attorneys and staff have decades of experience in virtually every aspect of business law in The Woodlands and Texas. We have designed and incorporated businesses, managed their every legal concern, engaged in litigation on their behalf, aided with mergers and acquisitions, managed mergers, acquisitions, and sales.
Hopkins Centrich knows Texas business law. We are uniquely positioned to help business owners from startup to merger or sale or transfer to family members.
When we work with a client, our sole focus is on them. We take advantage of everything technology has to offer to optimize how we work. That gives us more time to spend with you, more time to understand the issues, and more time to negotiate and prepare for trial.
We get that no one wants to contact a law firm unless they feel they absolutely have to. When they do, it almost always means that ‘things have reached a head.’
The attorneys and staff of Hopkins Centrich understand business. We understand business owners. We will make any legal process understandable; you will know what is happening with your case every step of the way, and you will never have to track us down for answers.
Ways to Resolve a Contract Dispute
Hopkins Centrich works with you and your company to find the best possible solution, as timely as possible. We will present every option, pursue every avenue, and explore realistic outcomes. Some common options for resolving contract disputes include:
Negotiation: The parties directly negotiate a compromise settlement or contract amendment.
Mediation - A neutral third-party mediator facilitates negotiations between the parties to settle.
Arbitration - The dispute is presented to a private arbitrator who makes a binding decision.
Litigation - Filing a lawsuit seeking a legal judgement from the court system.
Settlement -The parties reach a mutually agreeable settlement of claims before or during litigation.
Dispute resolution board - A standing board is established to make recommendations for resolving disputes as they arise.
Alternative dispute resolution (ADR) - Using any of the various alternatives to full-scale litigation such as arbitration, mediation, conciliation, etc.
Expert determination - An independent expert is hired to provide a non-binding expert opinion on unresolved issues.
The best option depends on the type of dispute, the relationship of the parties, and whether a binding decision is required. Resolving disputes out of court is almost always preferable – if not always possible.
How We Work
Hopkins Centrich is a team with a deep bench. All our attorneys have extensive litigation experience which they fully use when called for.
Hopkins Centrich’s attorneys all have ‘big firm’ backgrounds. They formed our firm with the goal of keeping the best of those firms while employing a far more personal experience for our clients.
We do this by using technology to its fullest. We will make use of every cutting edge legal and business technologies and methodologies to assure that we will continue to deliver the highest quality legal services to our clients while allowing us to respond promptly and efficiently to client needs, exceed project requirements, operate effortlessly with narrow timeframes, and develop innovative and flexible legal solutions at competitive fees.
We are creative. We are agile. We quickly adapt to rapidly changing circumstances, including changes in the law.
Our vision statement may sum it up best. We will deliver highly skilled, ethical, and aggressive legal representation to every client by:
Responding promptly to our clients’ needs;
Anticipating business and legal trends that may affect our clients;
Managing our clients’ matters in an efficient, caring, and proactive manner;
Communicating regularly and clearly with our clients
Please understand that when your company faces a contract dispute, you need to act quickly. Don’t wait. Please. The sooner we pursue the matter the better. In some cases there are time limitations, in all cases you need and want the matter resolved.