A commercial dispute is a disagreement connected with commerce and trade. It will often involve money. For example, it could be an issue of pricing, or claims of release from liability. One could also find themselves needing commercial dispute lawyers if there is a breach of contract, an alleged deduction claim or a complaint regarding the quality of a purchased good or product.
A commercial dispute lawyer attempts to prevent litigation whenever they can. They could, for example, negotiate conflict resolution by framing an agreement between the two parties that gives them both what they want. If a case gets to court, it means that the two companies or parties that are involved are unable to reach an agreement. In such a case, the commercial dispute lawyers will provide representation.
Common areas that often result in conflict between businesses include employment disputes, contract disputes, tenancy disagreements, debt recovery, and mergers and acquisitions. The nature of these matters and the fact that each company is complicated and unique makes commercial litigation very complex. The job of a dispute lawyer is to negotiate a resolution, and frame contracts meticulously to ensure a proper resolution.
A commercial dispute lawyer can advise on the following:
Contractual disputes
A contractual dispute normally follows a breach of a contract. For example, one company might have leased a building from another, and were unable to pay on time. Another example would be when one party is responsible for maintaining a building under contract, then fails at some of their responsibilities. In such a case, commercial dispute lawyers are essential for a successful resolution.
If you’ve been wronged, a commercial dispute lawyer will make sure you get what you deserve from the other party. For instance, if you lost valuable documents because the pipes in a rental office were not repaired, the lawyer will make the responsible company pay to get what you need to recover the documents or make new ones.
As the accused, the lawyer might help you so that you won’t have to pay more than you’re responsible for. A good litigation attorney will comb through your entire case before letting you sign any agreements. In the end, lawyers from both sides must meet and discuss a reasonable agreement, in you and the other party’s presence.
Business disputes
A business dispute can be between business partners. For example, one partner could be looking to sell a part of their shares without the consent of the other partner. A business dispute could also be between a supplier and a business like in a case where the supplier sends faulty products. Here, the attorney would look to have the supplier accept responsibility and to make amends. If they cannot accept liability, then the case goes to court.
In court, the work of the commercial dispute lawyer is to provide representation. They file the paperwork and prepare arguments. They examine evidence from the defense, and prepare counter-arguments. It’s their job to make sure you win.
Commercial dispute lawyers can also help with franchise disputes. For example, in non-compliance or building and construction disputes. Whatever the case, the idea is to get representation from competent professionals.
Here are 3 reasons you need a good commercial dispute lawyer
1. The law is complicated
Commercial disputes require lawyers. This is because they often involve more than one contract and involve businesses with varying interests. The laws governing such disputes is also complicated. Without a good commercial dispute lawyer, you have little hope of getting a successful resolution.
2. Commercial litigation lawyers challenge evidence
In some cases what appears to be evidence could, in fact, be a twist on unrelated facts. A lawyer knows how to fight such evidence. They may also be able to identify when evidence was illegally obtained and unacceptable in court.
3. They’re master negotiators
In the event that you are found liable, you want a good attorney by your side. They can negotiate on your behalf to reduce your liability to the other party. This is often difficult when you and the other person try to settle a dispute on your own, due to emotions running high and lack of legal savvy.
Commercial disputes are complicated. There’s often a lot at stake. You need to be armed with the right information to come out the other side successfully. If you want to learn more about commercial disputes contact your local law firm.