A contract is an agreement creating obligations enforceable by law. The basic elements of a contract are mutual assent, consideration, capacity, and legality. Possible remedies for breach of contract include general damages, consequential damages, and specific performance.
McKay Law has extensive experience negotiating and drafting contracts for a wide range of professionals, businesses, and individuals. At McKay Law, we also represent clients in lawsuits with contract disputes.
McKay Law has the skill and experience to draft and review contracts on behalf of small, mid-size, and large businesses, all of which demand the superior quality offered by our firm. With laser sharp focus, we provide our clients with the information they need to enter into contracts fully aware of their rights and obligations. We can assist you with:
Contract drafting – when drafting a contract, we will receive input from both parties and strive to write a contract that meets the needs of our client.
Contract review – we can review a contract for inconsistencies and unacceptable terms before you accept it.
Contract negotiation – we can negotiate the terms of a contract to assure your interests are protected.
Contract litigation – we litigate breach of contract issues and other contract dispute matters.
Breach of Contract
A contract case usually comes before a judge because one or both parties claim that the contract was breached. A breach of contract is a failure, without legal excuse, to perform any promise that forms all or part of the contract.
If one party to a contract does not live up to its side of the bargain, the failure is known as breach of contract, and the other party can sue for any damages that resulted from the breach. These damages can also include profits lost on sales and time wasted in waiting for deliveries that did not arrive as promised.
Breach of contract is a fairly common occurrence in the world of business, and happens for various reasons. At McKay Law, we represent clients in all types of breach of contract cases, including:
- Failure to pay for a product or services
- Failure to deliver a product or services
- Missed deadlines
- Failure to meet the terms of a secondary agreement, such as a lease, mortgage or loan document
- Disputes over terms in the contract
- Disputes between partners or workers
- Work stoppages
- Breach of commercial lease
- Breach of employment contract
- Breach of services contract
- Breach of supplier contract
- Breach of buy-sell contract
- Breach of asset-purchase contract
- Breach of licensing contract
- Breach of franchise contract
- Breach of entertainment contract
- Breach of construction contract
- Breach of loan agreement
- Collection of business debts
Another option we offer our clients, when available, is to submit a contract dispute to mediation, arbitration, or other alternative dispute resolution procedure. Often a confidential, inexpensive, and agreeable resolution can be reached through alternative dispute resolution, allowing the parties to continue transacting business with each other on favorable items.
If you are looking to enforce a contract or defend against a contract dispute, you need aggressive representation by McKay Law. Contact our office today at 480-681-7000 for a free consultation.