Working with a qualified business litigation attorney can save you from unnecessary trouble by providing you with legal guidance that can allow you to save valuable time and money. Whether you are involved in simple, everyday cases or if your case is complex and unique, having a lawyer with extensive experience in business litigation can be invaluable.
Lawsuits are a stressful reality for many businesses. Whether you are defending against a lawsuit or choosing to pursue litigation yourself there are a number of factors that you will need to review in order to make informed decisions.
At Monahan Law Firm our experienced Glendale business litigation attorneys offer legal services for all of your needs. We know what it takes to defend businesses and to press their own case when necessary. If you are preparing for potential litigation, our experience in business law will be an invaluable asset to you. Contact our legal team today to schedule an appointment to discuss your case and see what we can do for you!
Types of Business Litigation We Handle
We handle a wide variety of business litigation issues at Monahan Law Firm. Our team of lawyers will be able to guide you through the process regardless of what you are facing. We are well versed and prepared to offer you legal advice for any business litigation claims, including:
Breach of Contract
Contracts need to be binding and effective for any business to function properly. They govern almost every business transaction and dictate terms in everything you will face, from a business purchase or sale, residential and commercial construction, dealings with suppliers and distributors, to employment terms for your workers and customer agreements. If one party cannot or will not live up to their end of the agreement and breaches the contract, the other is due damages. There are also many claims and defenses involved in contract matters such as minor and material breach, substantial performance, and a plethora of defenses that require an experienced contract attorney.
Breach of contract is one of the most common types of business litigation and we are prepared to help you with negotiations and with preparing your case should you go to trial.
Issues with Construction
Many individuals and businesses will enter into residential and commercial contracts for private and public projects. Construction law is an extensive body of law that includes contracts, prompt pay act claims, mechanics liens, and warranty issues. Unfortunately, construction disputes are another common source of business litigation.
Arizona, in particular is a unique location for construction problems due to the high demand and construction boom. As a result, Arizona is at the national forefront with legislation and caselaw to govern disputes. Additionally, construction disputes take on an added complexity since there are multiple forums that can adjudicate disputes: the court system, arbitration, and before the Registrar of Contractors (ROC). Due to this, working with an experienced attorney familiar with Arizona construction law can be in your best interest as you plan and execute your construction project.
Partnership Disputes/Business Divorce
Disputes between partners are common as businesses grow and change. You may have started off on the same page, but conflict can arise from differences in opinion on the future of your business. A business divorce occurs at the point each partner can’t stand each other or realize the benefits do not outweigh the costs. While a dissolution is permitted under certain circumstances, generally a buy-out will occur causing one partner to purchase the other partner’s interest for a fair amount based on the appropriate valuation methodology.
It is important to have governing documents in place that spell out the respective rights and obligations of the partners. This can be in a partnership agreement or operating agreement. If no agreement exists, then Arizona has laws that will fill-in and guide how partnership disputes will be resolved.
Whether it be a general partnership, venture, or limited liability company, an experienced business lawyer can guide you through the process of resolving the partnership dispute and navigate you through the business divorce by:
⦁ Analyzing the parties’ contractual rights and obligations.
⦁ Reviewing agreements including organizational documents that define the parties’ buy-sell rights and obligations, voting requirements, capital call provisions and alternative dispute resolution.
⦁ Strategically advising you on best case scenarios and litigation options, to include through mediation or file for litigation if it proves necessary to do so
Relationships are a crucial part of succeeding in any type of business. You will have a number of people that you will need to trust in order to grow your company. Sometimes an owner, partner, client, or contract party commits fraud or breaches a duty it owes to you or the company, it can have a negative impact on you, your business, and your reputation. While unfortunate, deceitful conduct was one of the earliest recognized business torts.
Fortunately, fraud is both a criminal offense and cause for civil litigation. Fraud has evolved over the years to include lesser known liability for misrepresentation and failure to disclose. In addition, federal and state legislatures have enacted antifraud statutes governing specific types of transactions to include consumer goods, securities and electronic communications. If your business has suffered damages as a result of fraud or misrepresentation, Monahan Law Firm can help you navigate your case and get the compensation you deserve.
Real Estate Disputes
While most real estate dealings will only require the services of a real estate agent, situations may arise in which a real estate attorney may be needed. Common actions include quiet title actions to determine the title ownership of the property and the exact property lines, fraud, misrepresentation, and/or non-disclosure of defects in real estate transactions, or partition actions that offer security to owners sharing ownership of a specific property. Our firm also assists with other common real estate disputes such as easement and neighbor disputes, zoning and land use, foreclosure, and real estate agent disputes.
Monahan Law Firm also serves as corporate counsel to numerous businesses to assist its clients with residential and commercial real estate transactions, leases, purchase and sale agreements, property conveyance, and loan restructuring/negotiation/modification.
At Monahan Law Firm we have experience in handling a wide range of real estate legal issues. Contact us today to find out how we can help you.
Civil violations or infringements of rights (torts) can have a negative impact on your business and come in many forms. These arise out of contract or in the form of non-contractual violations such as defamation, fraud and misrepresentation, intentional interference with contractual relations, breach of fiduciary duties, or misuse of proprietary information. An experienced business litigation attorney will be able to help you understand your options and decide on your best course of action moving forward.
Why it is Essential to Have an Attorney for Business Litigation
Some lawyers choose to specialize in business law and deal with business litigation in all its forms.
In general, their main focus will be on:
- Documenting and investigating potential litigation issues
- Filing for litigation as your representative
- Serving as your legal representative throughout the litigation process
- Keeping you up to date on business regulation developments
- Aiding in the completion of business transactions
These general topics can be further subdivided into a wide range of different specializations. This should make it clear that business law is a complicated subject and having an expert on your side to help you avoid common mistakes can be invaluable.
If you find yourself facing litigation, you will want a qualified business lawyer working with you to ensure you understand all of your options.
Litigation Can Sink Your Company Without an Attorney
Owning and operating a business can be a hard and unforgiving task. Litigation is one of many factors that can push a business over the edge and cause it to fail. Unanticipated litigation can be particularly risky as you will have little time to financially prepare for it.
Litigation can also bring heightened pressure and stress that can negatively impact your performance at work, and therefore bring more trouble to your business.
Trying to tackle litigation on your own is a costly and entirely avoidable mistake. Our Glendale business law attorneys at Monahan Law Firm are ready and able to assist you with your case. Contact our legal team today to review your case.
A Lawyer Can Be More Efficiently and Thoroughly Prepared for Disputes
Business law is a complicated and constantly changing area of our legal system. Staying on top of any new developments and understanding how they relate to you is a task that is outside of what most business owners can handle while also operating their company.
In many cases, business owners who are facing litigation without the benefit of an attorney will focus heavily on their pending legal issues to the detriment of their company. Even without this as a factor, any preparations you make are likely to be far less thorough than those made by a qualified attorney.
Having expert guidance for your litigation case can save you both time and money. A business lawyer will be familiar with the laws and statutes governing your case and will be able to more quickly build the most effective plan possible. The same can be said for serving as your representative in court. Your attorney will have far more trial experience than you and will know the best way forward throughout the process.
A Business Attorney Can Advise You On When a Case Needs to Go to Court
The majority of business disputes can be settled outside of court. This is good, as it stands to save you a significant amount of time and money.
Your business lawyer will be able to quickly differentiate between a case that can be dealt with through mediation or arbitration and one that will need to be resolved through litigation. In either circumstance, they will also be able to offer legal advice to prepare you and serve as your legal representation to reach the best possible outcome for your case.
Work With an Arizona Business Attorney
A knowledgeable lawyer can be an incredible asset for any business owner. Businesses of all types can find themselves involved in litigation for a wide range of reasons, and an experienced attorney can offer legal guidance to help you navigate all of the intricacies of business law. They will also be able to assist with other legal matters including drafting and reviewing contracts and incorporating your growing business.
At the Monahan Law Firm, our experienced business law attorneys are prepared to assist you with whatever legal matters you face. From simple to complex litigation, we have the skills and knowledge you will need to prepare your case and present your arguments in court. Contact us today at 623-300-2727 to review your case!