Contracts are vital to businesses, employers, and other professional relationships. They are useful for non-disclosure, employment, buying and selling, leasing, non-competing, and transactions for goods and services. Contacts enable both parties to understand their rights, responsibilities, and the consequences of breaching or failing the contract’s parameters. Unfortunately, there are several reasons why a contract may be disputed or invalidated, and this can complicate professional relationships. A contract dispute attorney is a vital asset when negotiating, mediating, or litigating these disputes in Little Rock, AR.
At Kevin Lemley Law Partners, our attorneys have 50 years of combined experience, and we want to use our knowledge to resolve your contract dispute as efficiently as possible. We aim to represent your interests, the interests of your business, and your rights. You may need help negotiating a contract, mediating a dispute, or filing a civil claim because of a contract breach. Our legal team can work to understand your personal and professional needs when resolving the dispute. Then, we can develop a strategy that meets those needs.
Contract disputes can occur while a contract is being drafted, as a result of mistakes made during drafting, or after the contract’s implementation. One of the most effective ways to avoid future disputes is to have legal representation present during the drafting, reviewing, and negotiation of the initial contract.
Some of the most common types of contract disputes include:
Breaches of contract may involve the other party failing to meet a specified deadline, failing to complete a task, or failing to pay for a task as outlined.
For most professionals, resolving a contract dispute through mediation or negotiation is a preferable first step. Although business litigation is an option for resolving these disputes, it’s not ideal as a first option. An alternative dispute resolution, such as negotiation, is less costly, less public, and less time-consuming. Litigation also puts the final decision in the hands of the court rather than the disputing parties.
Contract disputes are governed by the federal Contract Disputes Act of 1978 (CDA). This law outlines uniform procedures for resolving contract disputes in a clear manner. Both parties should negotiate or mediate in good faith while aiming to settle the dispute through negotiation and then at the lowest court level available.
For any civil claims based on a breach of contract, the statute of limitations in Arkansas is 4 years after the breach occurred. The statute of limitations is the time limit that an individual has to file a valid claim for damages. When creating a contract, parties may alter this statute of limitations to be as low as 1 year, but they cannot extend it past 4 years.
Even if the harmed party wasn’t aware of the breach of contract, the statute is still 4 years. The only exception is when the contract requires a waiting period for the services or goods. In those cases, the individual could not have known that the contract was breached until they received the services or goods. The 4-year statute begins when the harmed party should have known that the breach occurred.
One of the most effective ways to avoid a contract dispute before it happens is to create a specific, straightforward, and legally enforceable contract. If all parties are fully aware of their rights and responsibilities, and all aspects of the contract are documented, disputes are less likely. This is much easier with an attorney who is qualified to draft, review, and negotiate contracts.
The main 3 ways that a contract dispute can be resolved are:
Kevin Lemley Law Partners can guide you through the process of contract creation or negotiation while protecting your rights during disputes. Contact our team to learn how we can help.