Whether you are an individual, property owner, or business person, you engage in a variety of commercial transactions on a regular basis. While the great majority of those deals are satisfactory to all parties, sometimes circumstances arise where one party fails to hold up his or her end of the bargain. There are also instances where the ownership or enjoyment of property or income is negatively impacted despite a lack of fault by the aggrieved party.
We have years of experience representing individuals, property owners, and businesses in a variety of civil litigation matters. We offer our clients careful legal analysis, problem-solving strategies, settlement options, and litigation services including investigation, discovery, and trials before judges and juries in state and federal courts.
Although the list is not exhaustive, common civil litigation matters may include some of the following:
Contract Litigation: When one party breaches a written or oral contract by failing to perform services, provide goods, or pay sums due, it may be necessary to act to enforce the rights of an aggrieved party. Available remedies may include money damages, a declaratory judgment to have a court declare and enforce the parties’ rights, specific performance to compel a party to comply with the contract, and rescission or reformation or the contract.
Quasi-Contractual Remedies: Even when the parties do not have an expressly-stated written or oral contract, justice sometimes requires one party to compensate another as a matter of fairness and justice. “Quantum meruit’ allows a party to recover the value of services or good provided. “Promissory estoppel” allows financial recovery by a party who detrimentally relies on the promise of a non-performing party.
Partnership Disputes: The dissolution of a partnership sometimes results in disputes between former partners and friends. A formal accounting of assets, sometimes followed by a judicial determination of rights and allocation of assets, may be necessary to enforce and vindicate parties’ rights.
Construction Defects: Defective work, delays in completion, failures of financing, and mechanics’ lien disputes commonly occur in commercial and residential construction projects.
Interference with Contractual Relationship: Parties who induce a party to violate contractual terms or otherwise wrongfully interfere with a business relationship may be liable for money damages.
Covenants Not to Compete: Former employees, franchisees, or business owners may be contractually prohibited from competing in the same industry or limited in geographic scope for a specified period of time. The validity of such covenants is a frequent source of disputes.
Fraud: Instances such as willful misrepresentations of fact and false financial reporting may support civil actions seeking both compensatory and punitive damages.
Real Estate: Common actions include failure to complete the payment of purchase price, concealment of known defects or environmental contamination, zoning disputes, and determination of proper compensation in eminent domain seizures.
Breach of Fiduciary Duty: One who has a duty to manage assets on behalf of others may be liable for failing to discharge that responsibility.
Conversion: The wrongful taking of property of another may be remedied by an action in conversion.
Injunctions: Temporary restraining orders, preliminary injunctions, and permanent injunctions are equitable remedies which are sometimes necessary to prevent parties from suffering irreparable harm or to preserve the status quo.
We have represented various business entities, banks, and individuals in matters such as those listed above. We strive to offer the highest quality legal service at reasonable hourly fee rates. If you would like to discuss any potential matter, give us a call to see if we can help resolve your problem.