Hawaii Contract Disputes | Breach of Contract
When a breach of contract occurs, it can harm your business’ profitability and long-term viability. At DeVries & Associates, we help our clients understand their contracts, assess potential breaches, and enforce their legal rights. To learn more about how our comprehensive contract law services can help your business, keep reading.
What Is a Breach of Contract?
When you enter a contract in Hawaii, each party agrees to certain terms. Depending on the contract, these terms might involve delivery of a service, good, or issuing prompt payment. When one of the parties meets the contract’s obligations and the other does not, a breach of contract occurs.
Contract disputes can occur in any of the myriad business contracts you enter with your partners, employees, and other parties. They might include:
- Purchase and service agreements
- Leases for real estate and equipment
- Non-disclosure and non-competition agreements
- Partnership agreements
- Franchise contracts
- Buy-sell agreements
- Employment contracts
While some breaches are relatively minor and quickly remedied (for example, missing a payment deadline by a day), others can cause significant losses and harm to your business. In these cases, it’s best to consult with a contracts lawyer and attempt to minimize the potential damage.
Can My Business Prevent Contract Disputes?
Even if you diligently consult with your contracts attorney and craft understandable and enforceable contracts, contract disputes are sometimes inevitable. Misunderstandings and errors happen and even the best companies can find themselves in an agreement with unscrupulous individual or entity. However, the DeVries & Associates business law team can help you minimize this risk.
When we work with a client, our contract team helps them:
- Negotiate and draft contracts that clearly set out their terms and conditions
- Ensure the enforceability of their business contracts
- Assess potential business partners’ red flags and risk factors
- Build policies and procedures that vet contract negotiations and partners
- Analyze potential breaches of contract and construct legal claims and defenses
- Litigate and resolve contract disputes, when necessary
If you need advice about a breach of contract or a pending agreement, contact us today.
Contract Disputes and Alternative Dispute Resolution
At DeVries & Associates, we understand that litigation isn’t always in our clients’ best interests. Before we take action, we assess our clients’ circumstances, listen to their concerns, and help them build a plan. Many times, we try to resolve a contract dispute outside of court through alternative dispute resolution (ADR).
Depending on the terms of your contract and your business’ needs, your ADR options might include mediation, arbitration, or settlement conferences. These processes offer several benefits. ADR is sometimes less expensive than litigating a lawsuit. It also is a private process and can protect your business’ privacy and reputation. While we’re not afraid to litigate a case before a judge or jury, we value our clients’ bottom lines and will help them fully assess their legal options during contract disputes.
Demand Remedies and Damages After a Breach of Contract
Depending on the nature of the breach and losses, a business might be eligible for a variety of remedies and damages during contract disputes. They might include:
- Specific performance: court-ordered fulfillment of the contract’s terms, such as completion of a construction project or delivery of purchased goods
- Cancellation: voids the contract or agreement
- Restitution: puts a company back in the same position they were before the breach, such as returning a down payment you made before a breach occurred
- Compensatory damages: payment for your financial and other losses associated with the breach
- Punitive damages: court-ordered damages that aim to punish a breaching party for very serious misconduct (such as fraud)
- Liquidated damages: damages that are required contractually when a breach occurs
Because every contract dispute is different, it’s in your business’ best interests to consult with a lawyer at DeVries & Associates before you file a contract claim. We help our clients fully calculate their losses and evaluate their legal claims, with the aim of making them whole or protecting their interests. We also defend businesses against unfounded and inappropriate breach of contract claims.
Because DeVries & Associates’ business law attorneys help clients both construct and enforce their contracts, we can offer them detailed insight into their agreements’ terms, conditions, the negotiation process, and the parties’ idiosyncrasies. We believe that this comprehensive approach helps us resolve contract disputes efficiently, practically, and fairly.
Consult With a Contract Disputes Lawyer at DeVries & Associates
If you’re ready to discuss your contract disputes and other business needs with an experienced lawyer, contact DeVries & Associates today. We have built a reputation as trusted business lawyers and advocates and serve a diverse array of clients throughout Hawaii. To learn more about our client-focused approach to contracts and disputes, simply complete our online form or call our office.