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Encino, Los Angeles Contract Litigation Attorneys

Business contracts are a vital part of any successful enterprise. Businesses need to enter into contracts for many reasons. When a contract is in dispute, your business can suffer and litigation may be inevitable. Disputes can take place either in interpreting the terms of a contract, or when one party fails to perform their obligations under the contract. If you are a business owner and have suffered an injury because of a contract dispute, you should contact an experienced Encino, Los Angeles Contract Litigation attorney as soon as possible.

Contract Litigation Attorneys

At the Law Offices of Steven J. Horn, Encino, Los Angeles contract Litigation attorneys will help you resolve your dispute and recover the compensation you deserve. If you or your business has been accused of breaching a contract, we will aggressively defend your position and help you eliminate or reduce your liability.

How is a Contract Formed?

A contract may be written, oral or implied (formed by the conduct of the parties), although written contracts are usually the most common in business legal disputes. There are certain elements that have to occur in order for a contract to be formed and become binding. The minimum requirements of a contract include:

  • An offer is a written or spoken statement by a party of his or her intention to be held to a commitment upon acceptance of the offer. Often disputes arise because during negotiations one party may believe an offer has been made while the other believed only possible options were being discussed.
  • Acceptance is a written or spoken statement accepting the offer, which must be made while the offer is still open (some offers are only for a definite time). Consideration requires that something of value be given in exchange for a performance or a promise of performance (which distinguishes a contract from a gift). Consideration can be money, goods, or a promise to do something that you are not obligated to do, or refraining from doing something that you have a legal right to do. Intent: both parties must have an intention to be bound by the contract and have the mental capacity to understand that they are executing a contract.

When is a Contract Breached?

If one party fails to perform his or her obligations as agreed, a breach of contract exists and that party is said to be in “non-performance.” In order for the non-breaching party to claim damages, he or she must have performed the obligations required of them under the contract or have a valid legal excuse for non-performance.

Defenses to a Breach of Contract

If it is established that a contract exists, there are several defenses that call the validity of the contract into question. These include the following:

  • The legality of the contract: A contract is valid only if it is for legal purposes.
  • The capacity of the parties: Parties to a contract must be competent to enter into a legal agreement. Underage, mentally ill, and intoxicated persons are usually not bound by the contracts they enter.
  • Agency: A business may argue that a contact is not valid because the person who signed the contract for the business was not an agent and did not have the authority to act on the behalf of the business.
  • Mistake: A mistake by both parties concerning an important issue of the contract makes it unenforceable.
  • Duress: The use of physical force or mental pressure by one party to make the other party agree to the contract makes the contract voidable.
  • Fraud: the contract is voidable if there was an intentional misrepresentation of an important issue in the contract.

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What Damages are Recoverable in Contract Disputes Case?

An injured party is entitled to recover the benefits that he or she would have received if the contract had been performed. Remedies include:

  • Compensatory damages compensate the injured party for the economic loss caused by the breach of contract.
  • Specific performance may be awarded when money damages are inadequate and requires the breaching party to perform his or her obligations under the contract. This remedy is usually available when the contract involves some kind of unique property or other benefits.
  • Liquidated damages are damages specified in the written contract and act as an incentive not to break the agreement (they must be reasonable and cannot act as a punishment)
  • Encino, Los Angeles Contract Litigation Attorney fees and legal costs are recoverable if the contract provides for them.

Contract Disputes Litigation Attorney in Encino, Los Angeles

If your business is a party to a contract and there is a dispute concerning the terms or the obligations that must be performed under the contract, it is essential that you contact an Encino, Los Angeles Contract Litigation attorney as soon as possible. At the Law Offices of Steven J. Horn, experienced Encino, Los Angeles business attorneys can provide you with assistance in drafting and negotiating contracts, as well as representing you when a breach of contract has occurred. Call Us For Free Consultation (818) 385-1050.

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Frequently Asked Questions for Contract Litigation

Our attorneys have experience in a wide range of contract disputes, including breach of contract, contract interpretation, enforcement of contract terms, and disputes arising from ambiguous or poorly drafted contracts.

If you are unsure whether you have a valid claim for contract litigation, we offer consultations where our experienced attorneys can assess your situation, review relevant contracts, and advise you on the best course of action.

If you suspect that a contract has been breached, it’s crucial to gather all relevant documentation, including the contract itself and any communications related to the alleged breach. Then, contact our office to schedule a consultation with one of our contract litigation attorneys who can evaluate your case.

The timeline for resolving contract litigation can vary depending on the complexity of the case, the willingness of the parties to negotiate, and the court’s schedule. Our attorneys work diligently to achieve efficient resolutions while ensuring that our clients’ interests are protected.

The outcomes of contract litigation can vary depending on the specific circumstances of each case. Possible outcomes include monetary damages, specific performance (requiring the breaching party to fulfill their contractual obligations), or termination of the contract.

Yes, contract disputes can often be resolved through negotiation, mediation, or arbitration without the need for court intervention. Our attorneys are skilled negotiators and can explore alternative dispute resolution methods to achieve favorable outcomes for our clients.

While our primary focus is on serving clients in the Encino and Los Angeles areas, we also handle contract litigation cases throughout California. If you have a contract dispute elsewhere in the state, don’t hesitate to contact us to discuss your case.

The statute of limitations for contract litigation lawsuits in California typically varies depending on the type of contract and the nature of the dispute. This time frame is typically about four years. It’s crucial to consult with an attorney as soon as possible to ensure that your claim is filed within the applicable time frame.