Contracts are ubiquitous in the business setting. They are used to set up relationships between partners and owners, as well as between the business and the entities it relies on to conduct its business. While Dworken & Bernstein’s Transaction Attorneys can draft these agreements and explain their terms, we recognize that not every party has had the opportunity to use legal counsel in drafting and negotiating the contacts for their business. Contracts are technically written and the parties do not always understand the nuances of what is required of the parties or what happens when a party fails to perform. This inherently leads to disputes, disagreements, and questions about liability.
Dworken & Bernstein can advise a party of its rights and what relief it is entitled to, as well as represent it in any claims regarding the contract during negotiations towards resolution and in court. Our highly-skilled attorneys will review the documents and thoroughly explain the options to the party, including the risks and benefits of filing a lawsuit or being sued.
Below are some examples of the type of contractual disputes we routinely handle:
- Partnership agreement/ Articles of Organization: When two or more individuals form a partnership or limited liability company, a contract outlines the obligations and powers of each. If the parties need to dissolve the partnership, the contract is the starting point as to how that occurs. If one of the partners has failed to comply with all of its obligations, Dworken & Bernstein has experience filing a court action and advocating to protect an individual’s claims under a partnership agreement.
- Vendor contracts: When a business acquires goods from an outside party, the business and the outside party may enter into a vendor contract. Dworken & Bernstein can assist when either the business or the vendor is not fulfilling its obligations under the contract.
- Supply/ customer contracts: A business that has contracts with its customers may have turmoil over the performance under the agreement. If the customer refuses to accept goods or refuses to pay, there are certain provisions of the Ohio Revised Code that govern how the party must proceed in order to preserve its claims. Dworken & Bernstein has experience litigating disputes that are governed by Ohio statutes and has been successful in obtaining judgments both in favor of businesses and customers.
- Service contracts: A business will enter service contracts in order to provide services to its customer or clients. Some examples of service contracts are contracts with an internet or information technology services provider or a consultant.
Contracts may have a choice of venue provision or an arbitration provision, which would require that a dispute over the contract be arbitrated, rather than heard by a judge or jury. The attorneys at Dworken & Bernstein are skilled at evaluating these clauses to determine how they affect individuals’ or business’s claims. We do so with an eye towards understanding the conflict from a legal perspective, as well as a cost/ benefit perspective.
