The Saavedra Law Firm was founded by Freddy Saavedra, a Martindale-Hubbell AV Preeminent-rated attorney. He is trusted and respected among his colleagues and his clients. Freddy Saavedra provides knowledgeable representation for many forms of civil litigation in Arizona. As a Phoenix civil litigation lawyer, he handles breach of contract cases, business disputes, and business formation issues.
Breach of Contract Claims
Contracts are enforceable agreements that structure many business deals. They usually provide a benefit to both or all parties to them. Contracts are formed in Arizona when there is an offer, an acceptance, and consideration. They may be written or oral. Certain kinds of contracts need to be in writing to be enforced. If one of the parties does not hold up its end of the deal, that party may be subject to a breach of contract claim.
There are three kinds of breaches in Arizona: partial, material, and anticipatory. In a partial breach, one party does not satisfy some part of the contract. With a material breach, one party does not fulfill their obligations. When there is an anticipatory breach, one party determines that the other party will be unable to fulfill its end of the bargain.
To establish a breach of contract claim, a civil litigation attorney in the Phoenix area will need to prove that the contract was valid, and the plaintiff made reasonable efforts to fulfill its part of the contract. They also will need to show that the defendant failed to fulfill its obligations under the contract, and the plaintiff suffered damages as a result.
If there is a breach of a contract, the parties to the contract can decide whether to enforce the contract or try to resolve any losses arising out of the breach. Sometimes the parties first try to achieve an informal resolution. However, if a contract dispute cannot be easily resolved, it may be appropriate to sue for a remedy. Remedies may include compensatory damages, cancellation, or specific performance, but damages are the most common remedy. Sometimes a contract provides for liquidated damages, which can be an efficient way to resolve a breach.
Business disputes can arise in connection with buy/sell agreements, shareholder agreements, partnership agreements, real estate deals, failures to provide goods, the collection of unpaid business debts, business insurance, the protection of debtors against lenders and creditors, and intellectual property. Disputes may turn into civil litigation, which can quickly become complex. You should make sure to work with a Phoenix civil litigation attorney who understands your business objectives and needs, as well as the law that applies to them.
For example, when you start a partnership, you may want a higher percentage of the profits than you are initially offered. Later in the life of the business, you might wish to leave the partnership and take the rights to a product that has been developed. A partnership agreement may include provisions regarding how to handle these types of potential conflicts. If there is no partnership agreement, the Arizona Partnership Laws will apply.
Business formation can have a significant impact on many aspects of your business, including the scope of your potential liability in any litigation. Potential structures include sole proprietorships, general partnerships, limited liability companies (LLCs), and corporations. The source of capital that you use to start a business can matter, and a failure to abide by securities laws may result in civil and criminal penalties.
Each business structure requires adhering to different sets of laws. For example, an Arizona corporation is created by filing Articles of Incorporation with the Arizona Corporation Commission. Corporations are legal persons, and they are characterized by limited liability, centralization of management, and the ease of transferability of ownership interests. A corporation’s owners are known as shareholders, while people who manage the business affairs of a corporation are directors.
Consult a Civil Litigation Lawyer in Phoenix
When the future of your business may be at stake, you should discuss the situation with a legal professional who can make sure that your interests are protected. Freddy Saavedra represents business owners throughout Maricopa County. Call us at (602) 573-8917 or contact us via our online form.