Philadelphia Lawyer Describes Breach Of Contract Services At Astor Weiss Kaplan & Mandel LLP
Astor Weiss Kaplan & Mandel LLP handles any breach of contract claim, including cases involving Anticipatory Breach of Contract, Debt Collection, Employment Disputes, Insurance Coverage, Covenants Not to Compete, Confidentiality Agreements, Nondisclosure Agreements, Real Estate, Sale of Business Disputes and the Uniform Commercial Code.
Contract and Breach of Contract
A contract is a set of exchanged promises often labeled as commitments or duties. A breach of contract occurs when a person fails to live up to a promise contained in a contract. For example, if someone in a contract promises to make car payments but then fails to make a scheduled payment that constitutes breach of contract. To prove a breach of contract claim, one must prove a broken promise which results in harm or damages to another party to the contract. Damages must be proven to prevail with a breach of contract claim. We are very strong at litigating damage issues. A contract which can be enforced under the law may be based on an oral or a written agreement. Generally, breach of contract actions must be filed within four years from the date of the breach of the contract, in other words, within 4 years from the date that the promise was broken, whether oral or written. A Philadelphia lawyer from Astor Weiss Kaplan & Mandel LLP can assist you during this process. A breach of contract can happen in all kinds of businesses. Examples of breach of contract cases we have handled include contracts covering real estate, real estate development, sale of business, business development, sale of goods, covenant not to compete, confidentiality, employment, professional services, or banking or finance. These are only an example of some of the breach of contract cases we have handled:
- Anticipatory Breach of Contract: In addition to a straightforward breach of contract claim, causes of action exist for an “anticipatory breach of contract” where one party to an agreement demonstrates an unwillingness, refusal, or inability to perform a term of the agreement prior to the required date for performance. In this type of case, it is important for the nonbreaching party to be aggressive because doing so may motivate the other side to perform.
- Debt Collection: We bring causes of actions to collect money that is due to our clients, including a particular expertise in collecting unpaid bills to professionals, including attorneys and court reporters, wholesale and manufacturers. Oftentimes these cases may be handled on a contingent fee basis.
- Employment Disputes: We handle disputes between employees and employers, including dealing with the “at-will” employment doctrine that applies in Pennsylvania. Most employees in Pennsylvania are “at-will” employees and either the employee or employer may elect to terminate the employment just because that is their decision. There are numerous exceptions to that general rule, including but not limited to, union rights, a specific contract with an employee creating rights, a discharge because of discrimination based on race, age, sex or other protected group, or in certain cases a handbook may create rights that can be enforced. We provide employment law advice and handle litigation related to employment.
- Insurance Coverage: We will handle disputes over whether losses are covered by insurance. Insurance is provided by a contract and we are prepared to handle those contract disputes over insurance coverage, including loss of business insurance, homeowners insurance similar to what you could find at www.insurancequotes.com, flood insurance, auto insurance, health insurance, disability insurance, life insurance and umbrella insurance. If you have lost money over disability insurance then it’s important you get this rectified because you need to answer a lot of questions like how much is disability insurance? How can you prove your disability? Have you met the requirements for the insurance? It simply isn’t fair if you’ve not got the correct amount.There are many types of insurance that you can get to cover yourself and if you’re in a business, for example, you may want to look at Professional Indemnity Insurance provided by constructaquote.com. If you’re involved in a business dispute, this can be helpful in case a client makes a claim against you. But depending on the type of insurance you’re after, there are plenty of plans out there for your specific needs and situation. If you would like to find out more information on business insurance, an online search can give you the results you may find interesting.
- Covenants Not to Compete, Confidentiality Agreements, and Nondisclosure Agreements: Many contracts include clauses that require that one party to the contract not compete with another party to the contract. They are found in acquisition of business contracts and employment contracts, among others. The law applies restrictions on the scope of a noncompete that cover an ex-employee. Contracts also can have a clause requiring certain information to be kept confidential and not disclosed outside of the parties to the contract. We have experience dealing with, litigating and enforcing noncomplete and confidentiality agreements.
- Real Estate Construction Litigation: We have litigated claims that real estate construction failed to comply with requirements in a contract or plans and specifications. We have represented both contractors and property owners.
- Real Estate, Real Estate Development, Condominium and Homeowner Association Dispute: We litigate issues related to acquisition, sale, leasing, development and financing of residential, office, industrial retail projects and community associations. We represent developers, syndicators, landlords, tenants, lenders, sellers and investors. Our litigators and attorneys from the real estate department work together to provide outstanding representation in such disputes.
- Sale of Business Disputes: After a business is sold and a buyer takes over the business, at times a dispute may arise about the prior performance of the business or the value of assets, liability and equity in the business. These are often being covered by a range of contracts, held in a contract lifecycle management system. If you’re interested to learn more about these, check out Salesforce. We have handled disputes related to a sale of business based on breach of contract, misrepresentation or fraud. Often, the cases are complicated and involve litigating over representations and financial documents and may require the use of expert witnesses, including CPAs and business valuation experts, among others.
- Uniform Commercial Code (“UCC”): These disputes relate to the sale and purchase of goods of any kind. We are knowledgeable of the details and precise law in the Pennsylvania UCC and that allows us to be very aggressive for our clients when litigating disputes covered by the UCC.
The lawyers at Astor Weiss Kaplan & Mandel LLP are familiar with the various scenarios which can cause harm to individuals and businesses as a result of a breach of a contract agreement. Our commercial litigators specialize in cost-effective ways to resolve contract disputes most favorably for our clients while always keeping the costs of legal services in mind. For information regarding our commercial litigation practice and to get in touch with a Philadelphia lawyer who is well-versed in handling business, real estate and intellectual property disputes, contact the office of Astor Weiss Kaplan & Mandel LLP, at 215-790-0100.