Contract Disputes

At Bristlecone Law, we believe contracts are ironclad. If someone has violated the terms of their contract with you, we’re prepared to step up on your behalf, assert your rights, and seek fair relief for the harm you’ve suffered as a result. Whether someone isn’t paying you for work you’ve performed for them, has breached the terms of a lease agreement, or isn’t respecting your rights as a partner or business owner, we’re here for you.

Don’t wait to get the resilient representation you deserve. Contact us today for an initial consultation with a contract disputes attorney in Bend, OR, so we can discuss what happened and what you could be entitled to under the law.

Common Causes of Contract Disputes

Contract disputes can arise in business transactions, construction projects, and real estate agreements. At Bristlecone Law, our attorneys regularly advise and advocate for clients in a wide range of contract dispute cases, including those involving:

Breach of contract claims
Breaches of real estate transaction agreements
Breaches of leases
Construction disputes, including construction defect or breach of warranty claims
Non-payment or disputes over owed payments
HOA disputes
Partnership or shareholder disagreements
Non-performance or delayed performance
Poor workmanship claims
Fraud or misrepresentations that induced one’s entry into an agreement

Types of Breaches in Contract Law

Under contract law, parties may breach a contract in one of several ways. The type of breach can affect a non-breaching party’s rights and remedies in a contract dispute. Examples of the types of contract breaches that a party may commit include:

Minor breach: A minor breach occurs when a party violates a non-essential term of the contract, so that the violation does not frustrate the contract’s essential purpose. After a minor breach, a non-breaching party may still have the obligation to continue performing its contractual obligations. However, they can pursue legal action to recover compensation for losses caused by the breach.
Material breach: A material breach involves a violation of a significant term of a contract that undermines the contract’s primary purpose. When a material breach occurs, the non-breaching party does not have to continue performing their contractual obligations and may pursue legal action against the breaching party.
Anticipatory breach: An anticipatory breach occurs when a party indicates that they will not perform their contractual obligations before the performance deadline. Although no breach has technically happened because the party still has time to perform, courts may still find a material breach of contract when the evidence demonstrates that the party has repudiated the contract.

Legal Remedies for Contract Dispute

Non-breaching parties in contract disputes can pursue various forms of relief, depending on the harm they suffered due to a breach of contract and the nature of the parties’ agreement and contractual obligations. Potential remedies in a breach of contract case can include:

Compensatory losses: Compensation for compensatory losses provides financial recovery for direct losses resulting from a breach of contract, such as property damage or expenses incurred to obtain replacement goods or services.
Consequential losses: Compensation for consequential losses can provide financial recovery for indirect losses caused by a breach of contract, such as lost customer sales or damage to goodwill.
Liquidated damages: A liquidated damages clause may be appropriate when parties anticipate that their contractual agreement will make it impractical or impossible to calculate compensatory or consequential losses from a breach of contract. These clauses entitle non-breaching parties to recover a specific amount of compensation outlined in the clause, which represents the parties’ reasonable estimate of the losses caused by a breach of contract. Liquidated damages ensure that non-breaching parties have a legal remedy even when the circumstances make it difficult to prove specific losses in a breach of contract claim.
Specific performance: In some instances where financial compensation cannot provide a non-breaching party with an adequate remedy, a court may grant specific performance, which orders the breaching party to fulfill their contractual obligations. A court may order specific performance of a contractual obligation that a non-breaching party cannot replace, such as an obligation to close on a real estate purchase and sale.
Rescission: A rescission remedy involves canceling the parties’ contract and ordering such other relief as necessary to place the parties as close as possible to their positions before they entered the agreement.
Disgorgement/restitution: When a breach of contract involves the breaching party wrongfully retaining benefits or profits, a court may order the breaching party to return those benefits or reimburse the non-breaching party for them.

Contracts may also give parties other remedies in breach claims, such as the right to seek attorneys’ fees and legal expenses incurred in pursuing the claim.

Resolving Contract Disputes Outside of Court

Court litigation over a contract dispute is often expensive and time-consuming. Consequently, parties may pursue alternatives to litigation. For example, parties may incorporate alternative dispute resolution (ADR) clauses into their contracts that require them to seek resolution through methods other than litigation. Parties to contract disputes may prefer ADR because, depending on the particular method, it offers:

Faster, more cost-effective resolutions than traditional litigation
Greater opportunities to preserve contractual relationships through the collaborative nature of negotiation or mediation
Confidentiality that can protect a business’s reputation
Flexibility over the process and outcome

Common forms of alternative dispute resolution for contract disputes include:

Informal settlement negotiations that occur directly between the parties
Mediation, where a neutral third party, called a mediator, facilitates settlement negotiation
Arbitration, which can provide a quicker, cheaper alternative to a trial, to give the parties a non-binding or binding determination of their contract dispute

Why Choose Our Law Firm for Help with Contract Disputes

A contract dispute can have considerable financial and reputational consequences for you and your business—consequences that are too important to entrust to just anyone. Instead, let the legal team from Bristlecone Law help you seek a favorable resolution to a legal dispute with a contractual counterparty because:

Our firm treats everyone who walks through our doors with the honesty, compassion, and respect they deserve during a complicated legal situation. Working with us should feel like a conversation, not a confrontation, so that you can trust us with your matter.
Our attorneys put people before process by spending time to hear your story and understand your concerns, needs, and goals. We will provide you with tailored legal solutions and help you make informed decisions about how to proceed with your contract dispute.
Our firm has developed in-depth professional relationships with stakeholders in our community, including with businesses, fellow attorneys, and court staff.
Our team will work diligently to pursue a fair and favorable resolution to your legal dispute as efficiently as possible so you can move forward with your business or your personal affairs.

Contact Us Today for Guidance and Advocacy

Don’t let a contractual dispute upend your business or your personal life. Instead, get the experienced help and guidance you need to pursue a fair resolution under the law. Contact Bristlecone Law today for a free consultation with a contracts dispute lawyer in Bend, OR, and let’s talk about your matter together. Let us be the partner you need to protect your rights, interests, and future.

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