Oakland Contract Litigation Lawyers
California attorneys advocate for parties involved in contract disputes
Entering into a contract is supposed to provide clarity and security regarding each side’s benefits and obligations. Unfortunately, problems often arise after the agreement is executed, leading to losses and, possibly, legal action. At Bay Oak Law in Oakland, our accomplished California attorneys represent clients in all types of disputes arising from a contractual relationship. Whether your situation involves an alleged lack of payment, the violation of a non-complete covenant or a question about whether the agreement was valid in the first place, our litigators are prepared to enforce your rights and safeguard your interests.
Common types of conflicts between contracting parties
Our firm handles a full range of contract litigation matters, such as disagreements related to:
- Payment — If you are having problems collecting what you are owed or are being sued to pay someone that did not honor your contract, we can help.
- Performance — Frequently, parties disagree about whether one or both sides performed their contractual duties as set forth in the document.
- Shareholder and partnership agreements — Conflicts among shareholders or partners are often bitter and could seriously disrupt company management and operations.
- Employment and post-employment agreements — Workers who violate their employment agreement or ex-employees who fail to comply with a non-compete covenant can pose a serious threat to a business.
For these and other types of contract disputes, our firm delivers sound advocacy, tailored to each client’s unique circumstances and goals.
Remedies available in California contract disputes
There are several potential remedies in a breach of contract action. A successful plaintiff might receive one or more of the following forms of relief:
- Restitution — Many parties seek restoration to the position they would have been in had the defendant not violated the contract.
- Rescission — In some cases, the most appropriate remedy is to cancel the contract completely or in part.
- Liquidated damages — The agreement might have a clause stating that a party in breach is required to pay a certain amount of damages to their contract partner.
- Specific performance — A court can order a party to fulfill its obligation under the agreement.
After reviewing the circumstances in your case, we’ll advise you about the type of relief that a court might grant if a contractual violation is found. From there, we will work diligently to achieve a favorable result for you.
How thoughtful contract formation can minimize the likelihood of a dispute
The best way to avoid contract litigation is to establish agreements that are carefully drafted, reviewed and negotiated. Parties should be forthright about material issues and memorialize the information that was shared in order to avert potential fraud claims. An experienced attorney can advise of contingencies that might arise after the contract is signed so you may address them in the document. Once the contract is ready for execution, the consideration, along with each side’s rights and obligations, should be clear to an objective observer.
Lack of legal capacity and other exceptions to contract enforcement
Whether you’re seeking to enforce or challenge a contract, it is important to understand reasons why California courts might not hold parties to the terms listed in the documents. Someone who is under 18, intoxicated or unable to understand terms of the agreement due to a mental or psychological problem does not have the legal capacity to enter into a contract. Other justifications for canceling contractual obligations include fraud, duress, lack of consideration and unconscionability. If you or your adversary believe that the agreement at issue might not be valid, our firm will review the pertinent circumstances and give you an honest assessment regarding how a court might decide the matter.
How an attorney can help if you’re involved in a conflict over a contract
Contractual relationships always start with an agreement, so if you’ve come into conflict over the interpretation or performance of a given term, you might be tempted to try to work things out with the other party. However, failing to consult with an experienced attorney could prevent you from obtaining the resolution you seek. If you delay enforcement of your rights under the agreement, there might not be a way to make you fully whole even if you eventually win your case in court. Whether the other party violated the contract or you’ve been accused of a breach, you can rely on us for prompt, insightful counsel on how to proceed.
Contact a skillful California contract litigator to schedule a free consultation
Bay Oak Law provides comprehensive legal counsel for California companies who are engaged in contract disputes. To schedule your free initial consultation at our Oakland office, call us at 510-208-5500 or contact us online.