Business Contract Disputes

A contract.  An agreement.  A bargain.  A deal.  A promise.  Each of these terms are often used interchangeably to describe the relationship between two parties to a transaction.  These terms may also have complex meaning regarding the legal relations between people and/or businesses.

Entering oral and written contracts between business and customer, and between business and business, is the essence of the commercial world.  These agreements are intended to be the terms by which businesses and customers conduct themselves.  When a party does not hold up their side of the bargain, referred to a “breach of contract,” contracts and contract law provides remedies to the other party.

Alford & Burkhart provides legal guidance and representation to businesses and individuals who need to understand their rights and obligations in a contract dispute.

Types of Contract Disputes

We represent clients in disputes over…

  • Service Contracts

  • Purchase Agreements

  • Construction Subcontracts

  • Business Operating Agreements

  • Trust Agreements

  • Credit/Debt Accounts

More Information on Contracts

Definition of a Contract

A contract is an agreement between two or more parties for the doing or not doing of some specified thing.

Essentials of a Contract

To constitute a valid contract, there must be parties able to contract, a consideration moving to the contract, the assent of the parties to the terms of the contract, and a subject matter upon which the contract can operate.

Definition of Contract Damages

Damages are given as compensation for the injury sustained as a result of the breach of a contract.

Definition of Liquidated Damages

If the parties agree in their contract what the damages for a breach shall be, they are said to be liquidated and, unless the agreement violates some principle of law, the parties are bound thereby.

Obligations Which Must Be In Writing

To make the following obligations binding on the promisor, the promise must be in writing and signed by the party to be charged therewith or some person lawfully authorized by him:
  1. A promise by an executor, administrator, guardian, or trustee to answer damages out of his own estate;
  2. A promise to answer for the debt, default, or miscarriage of another;
  3. Any agreement made upon consideration of marriage, except marriage articles as provided in Article 3 of Chapter 3 of Title 19;
  4. Any contract for sale of lands, or any interest in, or concerning lands;
  5. Any agreement that is not to be performed within one year from the making thereof;
  6. Any promise to revive a debt barred by a statute of limitation; and
  7. Any commitment to lend money.