Raleigh Commercial Litigation Lawyer
Commercial Litigation Lawyers Serving North Carolina
Participating in a business transaction always comes with a level of risk. Whether a person is a private citizen buying a product or service from a company or is working as a representative of their own business, there is always the possibility that a dispute will arise.
The State’s Uniform Commercial Code provides the legal framework that governs interactions between business entities and customers. If one party fails to perform its obligations under a contract, the Commercial Code outlines the available remedies.
A Raleigh commercial litigation lawyer could help individuals and companies who believe that a breach of a business contract has caused them to lose assets or money. A knowledgeable commercial litigation lawyer could work to analyze the language of a contract and to pursue claims in court that demand appropriate compensation.
Common Forms of Disputes that May Give Rise to Commercial Litigation
Every interaction in the business world is, at its core, the product of contracts. Something as simple as agreeing to provide a product at an agreed-upon price constitutes a contract. More complex interactions may limit companies to a sales territory, require the production of units at a specific rate, or allow a business to inspect and test products prior to acceptance.
It is not surprising that disputes over the obligations of parties can arise at almost any point during the business relationship. If we examine a simple example of a customer hiring a painting service to repaint their house, this contract involves a variety of contractual obligations. The parties should agree on:
- The price for the job
- The amount of paint and other supplies necessary for completion and who will bear the cost
- The expected time frame for the job
- If the painter is offering any guarantees for their work
Either the painter or the homeowner may dispute whether the other party has fulfilled their role under this contract. A Raleigh commercial litigation lawyer could help to identify the terms of a contract that control an interaction and to determine whether a breach has occurred.
Helping Parties to Enforce Business Contracts
As a general rule, contracts are binding upon the parties that sign them and are unbreakable. In addition, either party to a contract can ask a civil court to determine whether the other has fulfilled their obligations under the language of the agreement. However, there is a limited time to demand this relief, as North Carolina General Statute §1-52 says that parties alleging a breach of contract have three years following the apparent breach to file a case in court.
Another key part of a case to keep in mind is that the State’s Uniform Commercial Code provides specific remedies and levels of damages in case of a breach. This especially applies to breaches of sales contracts. For instance, NC Gen. Stat. §25-2-703 says that if a buyer wrongfully rejects goods upon delivery, the seller can withhold delivery, stop future deliveries, and demand damages in the amount of the difference between the contract price and an amount recovered in a consequent sale of the goods in question.
Similarly, buyers may also have a claim to damages in case a seller fails to deliver products as required by the contract. Here, the buyer may measure their damages as the difference in market price between the contract price and the value of the items that may be damaged or missing. This example is just one version of potential breaches of commercial contracts. A Raleigh commercial litigation attorney could help to evaluate the fact of a situation to determine the possible remedies under the law.
Contact a North Carolina Commercial Litigation Attorney Today
Every business transaction that takes place in Raleigh and around the state is subject to the same laws and regulations. In addition, these business transactions all take the form of contracts, whether the parties have memorialized the interaction in writing or not. As a result, both parties have legal protection in case of apparent breach and can demand enforcement in civil court.
An attorney stands ready to protect your interests in the event that a dispute does arise. They can work to evaluate the language of the contract, to determine whether a breach has occurred, and use the Uniform Commercial Code to identify the potential remedies. Reach out to a Raleigh commercial litigation attorney today to discuss your case.