Maryland Contract Disputes Lawyer
Contracts form a vital part of every business transaction. Whenever a company makes a sale, purchases production materials, or offers its services, it enters into a contract.
Unfortunately, in business, not every party to an agreement respects those rights or fulfills their commitments. At the simplest level, a breach of contract occurs when a party refuses or fails to perform as called for in the contract, whether its supplying goods or services or paying for goods and services. Maryland’s civil courts have jurisdiction on these matters, and any party may ask a court to intervene. Even so, it is often possible to resolve these types of disputes without ever filing a complaint in court.
A Maryland contract disputes lawyer may be able to help. Experienced litigation attorneys could evaluate the terms of the contract, determine if a breach has occurred and ascertain whether you have suffered any damage as a result of the breach. They could also help to negotiate a settlement or to make powerful arguments in court.
What is a Breach of a Contract?
A contract is defined as “a promise or set of promises for breach of which the law gives a remedy or the performance of which the law in some way recognizes as a duty.” At its core, every contract contains the same three components. One party makes an offer to provide something of value, the other party accepts that offer, and the two parties agree to exchange consideration or some benefit of the agreement. For example, a mechanic may offer to fix a customer’s car for $500. The mechanic offers their services, the customer accepts the offer, and the payment is the contract’s consideration. Or, in real estate transactions, parties agree to exchange title from seller to buyer in exchange for payment of value for the property.
Most contract disputes arise out of alleged breaches of those contracts where one or both parties fail to perform as the parties contemplated in their agreement. The mechanic may breach a contract by failing to fix the stated problem, or the customer may fail to pay the agreed-upon amount. The seller of real estate may not be able to transfer “clean” title. Contract disputes may also be the result of ambiguity in the terms of the agreement where the parties each have different expectations about what they need to do in order to satisfy the contract. For example, the agreement may not clearly state what steps the mechanic must take to “fix” the vehicle. The title may be unclear in a property transaction. No matter the nature of the contract dispute, a Maryland contract disputes lawyer could help evaluate the reasons for the dispute and recommend a potential solution.
Resolving Contract Disputes in Maryland
Parties have two main options after a breach of contract. The first is to attempt to resolve the matter outside of court. But even then, one party may refuse to “cure” the breach or may feel that curing is not required. The parties may try to reach a settlement or otherwise amend the agreement, but the efforts to resolve the dispute amicably may fail. A Maryland contract disputes attorney could help an individual or business understand the terms of the agreement and provide representation during settlement negotiations.
If the parties cannot resolve their dispute amicably, then the second option is to ask a Maryland civil court to intervene. Civil courts have the express jurisdiction to hear cases alleging breaches of contract. Courts can either invalidate a contract or order the parties to take specific actions or refrain from doing so. Courts can also award judgments to non-breaching parties if the Court determines that a material breach occurred and financially harmed the other party.
According to Maryland Court and Judicial Proceedings Code §5-101, plaintiffs have three years from the date of the breach to file a complaint. A seasoned lawyer could help plaintiffs identify their options and formulate a strategy to resolve their contractual disputes.
A Maryland Contract Disputes Attorney Could Help
Contract disputes are a common problem in the business world. When one of the parties to an agreement fails to fulfill its obligations, and the parties cannot solve the problem themselves, Maryland’s civil courts have the ability to intervene and order them to perform an act or to pay damages.
A Maryland contract disputes lawyer could help you evaluate the language of the contract, determine if a breach occurred, and represent your interests during settlement talks or in court. There is a limited time to demand relief, so call today and schedule a consultation.