If you need the services of a commercial litigation lawyer, you normally need his or her expertise to keep your own professional reputation intact. This is especially important if you are a developer or you own several commercial properties. When disputes arise, as they often do, you need to have access to commercial litigation expertise. That is why it is important to familiarize yourself with the various areas that this type of law covers.
1. Breaches of Contract
This is often a commercial litigation area that is addressed. A contract breach occurs when one or more parties to an agreement do not meet its terms. Even if an express contract is not made, a party may recover based on certain legal theories. For example, you may recover the value of improvements for a property or for services that have already been rendered. In promissory estoppel cases, you as a plaintiff, may claim that the defendant made a promise that he or she did not enforce and that you wish to have the promise enforced.
In other cases, you may have to deal with a dispute where the other party claims that you made a breach. If so, you can obtain all the necessary advice you need when you consult with a lawyer who deals with business contracts. You also need the services of a commercial litigation specialist when you are signing an agreement. You need to make sure that you know what you are signing and that it will be fair to you.
2. Partner or Member Disagreements
Even when a business relationship is considered healthy, partners can still disagree on some things legally. When this happens, you need to request the services of a mediator, who is a lawyer who can serve as an objective third party. For example, the partners in a partnership as well as the members of a limited liability company owe a fiduciary duty to the entity or to one another. Part of a fiduciary duty includes good faith or fair dealing practices.
Therefore, members of companies and partners are expected to behave fairly and are obligated to act truthfully as well. In turn, they are expected to place their business interests over their own interests and act with reasonable care. In addition, they are expected to provide full disclosure, an obligation where each party is expected to provide complete information. This information is required so all the parties can make healthy and correct decisions. A partnership agreement or operating agreement can outline each of the party’s obligations in this respect.
3. Employment Disputes
You can also use the services of a commercial litigation specialist to resolve disputes with employees. For example, if an employee files a claim that states he or she was wrongfully fired or was subjected to hostile working conditions, you can receive the proper legal advice and help.
4. Wage and Hours Disputes
Besides major disagreements, you can also use the services of a commercial litigation lawyer to solve any wage and hour disputes or disputes that involve compensation. He or she can
help you resolve any differences along these lines and take care of disagreements that involve benefits or discrepancies in pay.
