Nebraska Contract Law Attorney
Contract Law: Breaches, Disputes, and Litigation
Any business, from a one-man operation run out of a garage to a publicly traded multinational corporation, deals with contracts. Contracts dictate how a company is organized and formed, what people play which roles, how goods are billed and delivered and how employees are compensated. They also apply in unique circumstances, such as detailing how a merger or acquisition is to occur or defining what rights minority and majority shareholders have in influencing a company. Even the majority of standard, day-to-day business transactions are legally enforceable contracts, from purchase orders to employment agreements. It is therefore no wonder that contract disputes may arise.
Domina Law Group pc llo represents individuals and businesses in complex contract litigation across Nebraska. Our business litigation attorneys take a personalized approach to these cases. Every business is different and will have its own way it is run. We make it our mission to understand every nuance, every small factor that influences how a business works, so we can determine how to best approach a client's case. Alleging a breach of contract is not enough. The plaintiff must establish that the contract is valid and legally enforceable, show that it was breached in some way and prove that losses or injuries were suffered as a result. Some of the specific types of contract law matters we handle include, but are not limited to:
- Breach of contract lawsuits
- Shareholder disputes
- Partnership contract disputes
- Merger and acquisition contracts
- Employment contracts
- Purchase orders and bills of sale disputes
- Severance agreement disputes
- Vendor contracts
- Commercial real estate lease/mortgage contracts
Determining if a Contract is Legally Enforceable
There are specific rules that may apply in determining whether a contract is legally enforceable. This is a particularly common issue in determining whether a verbal agreement may be legally binding. It is also important to consider when evaluating whether an agreement should have been in writing as a formal contract, as opposed to when a verbal agreement is sufficient. As with most areas of business law, the specific circumstances will dictate whether a contract is legally enforceable.
The following questions may prove valuable in determining whether a contract may be upheld in court:
- Does the agreement describe a promise to do something or not to do something?
- Does the agreement involve an exchange of goods or services for something of value, money or otherwise?
- Were both parties of sound mind in agreeing to the matter?
- Is the matter clearly defined, in writing?
- Did both parties sign the contract?
The courts may find a contract unenforceable if one or both parties were put under duress to sign, if the terms were misrepresented or intentionally misstated or if one or both parties were put under undue influence to agree. In some cases a contract may be deemed unconscionable and invalid if its terms are simply oppressive or when the bargaining process or agreement is secured by immoral means.
Commercial Contract Litigation in Nebraska
Our lawyers handle commercial contract litigation between individuals, corporations and individuals against corporations. Contracts made in Nebraska are typically governed by the laws of our state. Contracts related to the sale of goods, however, may be governed by the Uniform Commercial Code (UCC), a standardized collection of laws governing commerce. Our legal team is skilled in dealing with contract disputes and breach of contract matters under Nebraska law, UCC regulations and also other State or Federal laws.
Take this opportunity to discuss your concerns with a legal professional who can advise you of your options and rights based upon a wide range of knowledge and experience in this complex field.
Contact a contract lawyer at our Omaha, Nebraska law office today.
