Breach of Contract Lawyers

Typical Contract Formats

Bilateral vs. Unilateral Contracts

• one party is obligated to fulfill its obligation only if the other party completes a specified task.
• or not obliged to actually perform the task, and may not be found in breach of that contract .

Unilateral contracts are one-sided, requiring only a pre-arranged commitments, and they are usually used to make open or optional offers. 

Bilateral contracts are agreements between two parties whereby each side agrees to fulfill their side of the contract i.e.(sales agreements, lease, or employment contracts) 

WHAT IS A CONTRACT NOVATION?

Novation is the act of replacing a contract with another contractual obligation, requiring the consent of all parties involved.

What Is a Voidable Contract?

A voidable contract is a formal agreement between two parties that may be rendered unenforceable for a number of legal reasons.

What Is Mandatory Binding Arbitration?

Parties are required (or “mandated”) to use an arbiter to hear their arguments, and have to accept the arbitrator’s decision

1. holdover proceedings, non-payment actions, wrongful evictions, self-help evictions, 

2. damage to property disputes,

A breach of contract is a violation of any of the agreed-upon terms and conditions of a binding contract. The breach could be anything from a late payment to a more serious violation.

Contact Fabris McIver Hornquist & Radcliffe for more details.

Binding Arbitration Vs. Non-Binding Arbitration

As a form of alternative dispute resolution dispute resolution (ADR)is designed to settle disputes outside of the courtroom with the help of an impartial third party “arbitrator”

• disputes ranging from $50,000 to $100,000, in-person hearings with a single arbitrator are the most common.
• The size of the claim determines how the arbitration process works
• Mediation is more like a negotiation type of meeting. 

Who Pays for Binding Arbitration?

Arbitration specifies that each party pays the costs.(lawyer or non-lawyer) and provides its own witnesses. The party bringing the claim usually pays the filing fees. The parties split the cost of the arbitrator and may ask that the “loser pays the cost of the arbitrator.”

it’s generally a good idea to have legal representation with you during the hearing—especially if it’s a binding arbitration proceeding. 

Adjudication Definition

An adjudication is a legal ruling or judgment, usually final, but can also refer to the process of settling a legal case or claim through the court system.

Petition Definition

A petition is a legal document formally requesting a court order, which, along with complaints, are considered pleadings at the onset of a lawsuit.

What is a Waiver of Subrogation?

A waiver of subrogation is a contract which waives the right of their insurance carrier compensation for losses. 

Automobile Policies

When auto accidents arise, most injured parties go through the at-fault party’s insurer to seek payment for losses.

Accidents can adversely affect premiums or terminate coverage for at-fault parties.

There are so many diverse legal actions to every law that is why …..you should seek a lawyer to guide you and advise you on all legal or contractual obligations you may seek or have.

The Fabris Law team can assist with all business and corporate law questions or disputes.

What Is the Collateral Source Rule?

Collateral source rule prevents monetary damages from being reduced by the amount that was reimbursed from another source ie  insurance.

Landlord and Tenant Contracts

Waiver of subrogation clauses in lease contracts function the same way. The insurer cannot stand in proxy for the owner to recover damages. If the injured party’s insurance covers the claim, it must be paid, and no further action against the third party may occur.

These clauses protect the landlord and tenant from expensive litigation costs and interruptions to the terms of the contract. Subrogation of waiver clauses can also help preserve relationships between landlords and tenants.

When a landlord includes a waiver of subrogation clause in a lease, the company issuing the tenant’s renter’s insurance policy usually requires an additional premium for coverage of losses paid by the insurer as a result of omissions by the landlord.

Contact Fabris McIver Hornquist & Radcliffe for breach of contract legal assistance