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Common Business Litigation Claims and How to Avoid Them

Business litigation can be part of the cost of doing business. However, many business litigation claims could have been avoided if the business owner had taken just a bit of care on the front end. Below are three of the most common business litigation claims and how to avoid them with the help of a qualified business attorney.

Breach of Contract

When one side or the other fails to hold up their end of a contract, this can result in litigation. Frequently, parties rely on oral contracts, a practice fraught with potential for misunderstandings or disagreements. Other times, the parties rely on contracts they have written themselves, or cut and pasted from other contracts in use or on the internet. The problem with cut and paste contracts is that they don’t truly address the transaction at hand, and therefore may be incomplete, failing to address relevant issues. Further, the cut and paste method of contract drafting often overlooks planning for contingencies, such as a hurricane. The best way to avoid contract misunderstandings or contract failures is to have a qualified business attorney draft the contract specifically for the transaction or transactions at hand.

Partner Disputes

Many people look forward to working with business partners. Unfortunately, partnerships come with responsibilities. When one partner fails to carry their share of the load, or acts out of self-interest, rather than the interests of the firm, this can lead to business litigation.

A well-drafted partnership agreement, detailing expectations and duties, as well as the consequences of failing to comply with the expectations, and methods of dispute resolution, can reduce the potential for business litigation. When potential problems are anticipated and addressed before they occur, litigation is avoided and personal relationships are spared.

Employee Problems

As a business owner, there are many documents available to protect yourself and your business. Clear, legally supportable non-compete agreements, confidentiality agreements, harassment policies, social media policies, and other documents regarding policies and procedures are a necessity to keep your employees and your business protected. These policies and procedures let the employees know your expectations of them and provide them guidance as to how to proceed should a policy be violated.

Failing to have adequate policies and procedures in place, or failing to follow such procedures, could lead to business litigation. A qualified business attorney can draft general policies, as well as specific employment contracts, which address the needs of the company, while respecting the rule of law. This protects employers and employees alike.

Need a Business Attorney?

Many people dream of owning and running their own business. Few people dream of the tediousness that comes with picking apart the language of a contract with a vendor, disputing profit sharing with partners, or handling employee issues. This is where a qualified business attorney can help. Portuondo Law Firm offers assistance in contract drafting, review, and interpretation; partnership agreements; and employee onboarding documents. Having legal documents drafted by a person who understands both law and business provides peace of mind to business owners. With the proper documents in place, you get the peace of mind of knowing you can focus on building and growing your successful business. Contact us at 786.440.8615.




The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send us any documents to review or confidential information until such time as an attorney-client relationship has been established.

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Marisa Portuondo

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