Contracts describe and guide many types of transactions. Business deals, supply agreements, real estate transactions, and many other personal and business arrangements rely on contracts. Unfortunately, even the best contract may fail those who depend on it. Vague language, changed circumstances, and misunderstandings can lead to conflict between parties.
At The Jeffcoat Firm, our experienced contract litigation lawyers can help resolve contract problems on your terms. Michael Jeffcoat built his practice and reputation on providing thorough, aggressive and competent representation of his clients. We believe that maintaining an open attorney-client relationship with each client is essential to developing and executing effective legal strategies. In addition, one of our partners, Kyle McClain, has extensive litigation experience and served as chief litigation counsel for Monsanto, one of the world’s largest biotechnology companies.
To find out more about how we can assist you in contract litigation, contact us today for a free consultation. Call us or use our online contact options to get in touch.
Common Types of Contracts
Nearly any type of agreement can be put into the form of a contract. Each contract is unique and requires careful drafting and negotiation. However, even the best contract can cause problems and misunderstandings. Some of the most common contracts that are litigated include:
- Employment Contracts. Employment contracts govern the terms of an individual’s employment at an organization. These terms may consist of rights to compensation, term of employment, non-compete agreements, and many other critical subjects. When employers or employees violate the agreement, the employment contract nearly always comes into play. Litigation may be needed to resolve parties’ obligations and compensate parties for their losses.
- Lease Contracts. Leases are essential to businesses and individuals. A leasing contract spells out the terms of a real estate deal and covers subjects such as rent, deposits, liabilities, and responsibilities. When parties disagree about the terms of a lease agreement, it can jeopardize an individual’s well-being and a business’s future.
- Licensing Contracts. Many businesses rely on the intellectual property of other parties. Licensing agreements cover who may use the property, how they may use it, and what the owner of the property should receive. Licensing contracts are a critical piece of many businesses’ existence, and when contract issues arise, they can threaten the existence of a company.
- Sales Contracts. These contracts govern the sale of goods and services, real estate, and many other subjects. When the terms of a sales contract are in dispute, they can disrupt individual’s lives, the cash flow of businesses, and wreak havoc with plans.
When problems arise with these and other types of contracts, you may need to litigate your contract dispute. Get in touch with our contract litigation lawyers to review your case and advise you on the next steps.
Types of Damages You Could Recover in a Contract Dispute
Contract litigation can result in damages for the losses you’ve suffered. The damages will depend upon the type of contract, the nature of the dispute, the contract’s terms, and many other factors. In South Carolina, damages may include:
- Compensatory damages. These damages include expectation damages and consequential damages. Expectation damages are typically equal to the benefit that the non-breaching party expected to get under the terms of the contract. Consequential damages are those that result from a breach of the contract.
- Liquidated damages. Some contracts include provisions that detail damages in the event of a breach. These liquidated damages are designed to give parties a clear estimate of what they owe if they breach the agreement.
- Punitive damages. When a contract is breached in bad faith and includes fraudulent actions, punitive damages may be available. Punitive damages can be difficult to obtain, but a contract litigation attorney can review your case and help you understand if these damages may be available.
- Rescission of the contract. In some disputes, the contract is nullified and no longer has an effect. This may happen when the parties agree to rescind the contract, when the contract is inherently flawed due to problems with contract formation, or when the terms of the contract go against the law.
- Specific performance. Specific performance means that a party to the contract must fulfill the terms of the contract as written. This is used when the subject of the contract is unique and cannot be compensated for. It is common in real estate contracts.
- Attorney’s fees and the costs of litigating. The cost of litigating a contract may be recoverable if they are detailed in the agreement. This can be an essential part of contract litigation, so it’s important to know whether these fees are recoverable under the terms of the contract.
These and many other remedies may be available. If you are considering contract litigation, speak with an experienced contract litigation attorney about your options.
Who Can Begin Contract Litigation?
Any party to a contract can begin the process of litigation. When one party breaches, or is suspected of breaching the agreement, other parties may bring actions. However, it’s important to note that some contracts may include clauses regarding mediation and other means of resolving contract disputes. If you need to hold the parties to a contract accountable, speak with a contract litigation lawyer to review your contract and discuss the next steps you can take.
Experienced Contract Litigation Lawyers Serving South Carolina
Contracts can form the foundation of our businesses and our lives. When someone breaches a contract, it can leave you wondering what to do next. Your finances, your business and your future may be up in the air. If you’re involved in a contract dispute, take action to secure your legal rights.
At The Jeffcoat Firm, we understand what you’re going through, and we have the experience to help. Our contract litigation lawyers know how to fight for you and your rights under a contract. With decades of experience helping clients litigate disputes, The Jeffcoat Firm can help you seek the resolution you need.
If you’re facing contract litigation in Columbia, Lexington, or elsewhere in South Carolina, contact us for a free consultation. Call us or use our online contact options to get in touch now.