Litigation

Prepare for Litigation With Monahan Law Firm, PLC

The goal in almost every legal situation is to avoid going to court, as resolving issues in the courtroom is often much more time-consuming and expensive than settling an issue outside the courtroom. However, there are situations in which litigation is the only answer. When court is the right choice for a civil or commercial dispute, Monahan Law Firm, PLC will fight aggressively on your behalf to protect your interests.

When we begin preparing your case for court, we do so knowing that the costs associated with litigation can be prohibitive for individuals and small businesses. To protect our clients, we engage in extensive pre-litigation counseling and negotiation to find the most cost-effective solutions and strategies. If a solution cannot be reached outside of court, we are prepared to go to trial and fight for you.

We have experience dealing with litigation arising from the following areas:

Breach of Contract

Effective contracts are the backbone of your business, governing the relationships you have with employees, equipment providers, distributors, manufacturers, service providers, architects,  builders, and customers. When a party breaches the contract by failing to pay or perform as agreed to, the party in breach is liable for damages. If you are involved in a contract dispute, our firm can help you negotiate with the other party and, if need be, proceed to court in order to obtain your deserved payout.

Misrepresentation and Fraud

As a business owner, forging relationships with people you can trust is vital to your company’s success. When someone misrepresents something to you, exaggerates something, or outright lies, you don’t have to let their fraudulent behavior ruin your business or reputation. Fraud is both a crime and civil tort, meaning you can seek compensation for the harm caused by the misrepresentation. If your business suffers due to fraud, get in touch with our firm today for help standing up for what’s just and right.

Partnership Disputes

While you and your partner may have started out on the same page when forming your business, you may now be encountering issues and disagreements regarding the present state or future of your company. To resolve partnership disputes, you need a talented Phoenix contract dispute lawyer to guide you through mediation and – if necessary – litigation against your partner in order to protect your interests.

Construction Issues

If you are renovating or building new property, you may run into a whole host of issues, ranging from contract disputes to personal injury liability. A unique set of Arizona statutes and case law dictate construction site work conditions and other factors. An experienced Phoenix construction law attorney can counsel you on common issues that hold up construction projects so your endeavor goes smoothly and all parties are satisfied.

Real Estate Law

Unlike most states, real estate transactions are primarily carried out in full by the real estate agent. However, there are certain issues that an attorney may need to step in to address.

Monahan Law Firm, PLC assists property owners with quiet title actions and partition actions. Quiet title actions uncover the truth when there are multiple parties that may have an interest in a piece of real estate. With a quiet title action, you can find out where property lines lie, who maintains ownership of a piece of property, or how existing easements can affect your ownership.

While the majority of real estate transactions are smooth endeavors, there are times when a seller or buyer is less than transparent.  In doing so, one party is induced into the agreement based on an affirmative misrepresentation or even an omission of a material fact that should have been disclosed.  We have experience handling these types of matters and can provide you valuable advice and direction on how to proceed.

People who own real estate jointly with another person can protect their best interests through a partition action. Partition actions compel a division of the property if one person does not want to maintain ownership. Our goal is to ensure a fair division that reflects what you have put into the property and what you deserve to get out of it. At Monahan Law Firm, PLC, we are prepared to assist with a wide range of real estate legal issues. We even have a real estate agent on staff to handle transactions.

Business Torts

Torts are civil wrongs (occasionally crimes) that adversely affect the bottom line of your business. Whether you are the subject of a defamatory statement, involved with fraudulent activity, intentional interference with contractual relationships, or misappropriation of your valuable trade secrets, we can explain your options and help you choose the best legal route for addressing this problem.

Before you can decide on a solution for your legal issue, it’s important to discuss it with a qualified Arizona attorney. Get in touch with Monahan Law Firm, PLC to find out if litigation is the right choice for you.