As a business owner, you understand your industry and your company better than anyone else. Like most business owners, you’ll eventually need to enter into at least one contract at some point in your career. While most contracts will be clear-cut and easy to follow, there may come a time when you or the party you’re contracting with fails to live up to the terms of the agreement. These instances are known as being in breach of contract and working with a Minnesota business attorney can help you figure out your next best step.
How a Minnesota Business Attorney Helps in Breaches of Contract
Attorneys don’t just help you sue other people for infractions and violations of contract agreements. They can also help you throughout your business’s journey. Here’s what your attorney will do to help you through a suspected breach of contract so you can keep your business running smoothly.
Contract Review
Business attorneys can review contracts before you sign them so you know exactly what you’re agreeing to. But that’s not all. If you believe you’ve breached the contract or the other party has failed to honor the terms of the agreement, your business attorney can review the situation and determine if a breach occurred in the first place.
Determining Types of Breach
Experienced attorneys can assess the situation you’re in and identify the types of breaches that occurred if one did occur. There are two common categories that breaches fall into: material and non-material.
Material breaches are intentional or result from negligence. In these instances, someone willfully refuses to abide by the terms of the contract. Non-material breaches are ones that are typically minor and don’t alter the contract in its entirety. Typically, these breaches only involve a small detail or a single term of the contract rather than multiple provisions.
Determining the type of breach you’re experiencing can help you figure out how to proceed.
Identifying Appropriate Remedies
Depending on the type of breach, you may be entitled to different remedies. In some instances, modifying the contract or requesting that the breaching party amend their actions can be enough to move forward. In others, you may need to pursue damages or take the breaching party to court.
Your business attorney will be able to review the situation and help you identify the appropriate remedy for your breach.
Representing Your Interests
If you end up needing to take the other party to court, you’ll want to have a legal expert on hand to represent your interests. Your business attorney will be familiar with your company, your concerns, the contract that was violated, and other important factors. They’ll be uniquely capable of representing your interests in court and can argue on your behalf to hopefully help you reach the outcome you’re hoping for.
Signs It’s Time to Hire an Attorney
Though working with a Minnesota business attorney isn’t a requirement, it’s almost always a good idea. But making the decision to hire an attorney, especially if you’re just starting out, can be difficult. Here are a few signs that hiring an experienced business attorney is the right choice:
- You’re signing or creating multiple contracts
- You’re worried about protecting your business and its interests
- You’re worried about protecting yourself against liability
- You’re hiring new employees
These are just a few common signs to watch for. As a general rule, if you’re unsure of how to proceed in any aspect of your business’s contracts and administrative processes, it’s a good idea to consult with an attorney.
Work With Waypoint Law
If you’re looking for a Minnesota business attorney who can help you manage your business’s contracts and review any agreements before you enter into them, Waypoint Law is here to help. Contact us today to schedule a consultation.