A contract is simply a set of promises that the law will enforce and for the breach of which the law will provide a remedy. Contracts are the lifeblood of our economy. Everyone enters into contracts, whether you’re an individual, small or large corporation, or government, chances are you have entered into multiple contracts. If you’re an individual and have a credit card, you have a contract with the credit card company, which governs things like the terms of your repayment. If you’re a small business restaurant owner, you likely have contracts with food suppliers. If you’re a large corporation, you might have a sophisticated licensing deal of certain of your intellectual property.
Contracts are binding of the parties to the contract. Sometimes, one of the parties has clearly breached the terms of the contract. For example, when an individual defaults on a credit card or other promissory note and fails to repay a debt, this is a relatively straightforward breach. As such, the law will provide the non-breaching party a remedy. In these situations, if the breaching party has no viable defense, a complaint can be filed, and a judgment can be obtained thereafter. Other times, the facts of the case are more complex, and there are good arguments on both sides for whether a breach of contract occurred and/or whether certain defenses to breach apply.
In Arizona, under many circumstances, the prevailing party is entitled to reasonable attorney’s fees and costs associated with litigation that arises out of contract. For this reason, it can be in the best interests of the parties to attempt to settle a contractual dispute short of litigation. Furthermore, contracts are often the basis of valuable, ongoing relationships, and so settling a dispute in a way that’s mutually agreeable to both parties can help preserve the relationship. Our attorneys will explore whether settlement is appropriate.
Sometimes, however, litigation is necessary. If litigation is required, the breach of contract litigation attorneys at Giordano & Heckele, PLLC, will zealously advance your interests. If you’re involved in a contractual dispute, HSH can help. Call today for a consultation: (520) 441-3818. Or email us at firstname.lastname@example.org