Business and Commercial Litigation
At James, Carter & Priebe, LLP, our attorneys limit our Commercial and Business law practice to litigation of business disputes or other commercial issues that have had an adverse effect on a business or an individual and warrant legal action.
We use alternative dispute resolution methods such as arbitration, mediation and negotiated settlements as well as courtroom litigation to resolve commercial issues.
Some of the main concerns in which we assist clients include, but are not limited to the following:
Business torts are litigated under the statutes and common law governing torts. Business torts involve a breach of duty that harms a business or individual, such as unfair competition , tortious interference or defamation. Contracts are not covered under tort law and are addressed under a separate category of law.
Fraud is a knowing deception such as intentional misrepresentation or concealment with the purpose of securing unlawful gain. There are numerous different types of fraud involving insurance, banks, healthcare, taxes, securities, and so on. Fraud may not only be prosecuted criminally, but a civil action to recover damages may be possible. Damages may be recovered through negotiated settlement or litigation.
Breach of Contract
A commercial contract is a legally binding agreement between two or more businesses or individuals outlining the agreement to do or not do something in return for something of value. Contracts carry certain obligations for parties who have agreed to the contract. When one or both parties fail to perform their obligations without a legally valid excuse, there may be a breach of contract. Some breaches of contract are more serious than others, resulting in financial loss or damage. In serious breaches, litigation can be undertaken to receive compensation for damages.
Breach of Warranty
A warranty is the obligation which generally accompanies the purchase of a product. Warranties can be expressed or implied. In certain instances, the product may not contain a warranty. At James, Carter & Priebe, LLP, we have experience in representing purchasers, dealers and manufacturers in a wide variety of warranty claims. We have litigated warranty claims involving automobiles, trucks, computers and industrial products to name a few.
Whether or not it is in a company’s interest to resolve a business dispute through litigation is a conclusion best reached through experienced legal guidance. When needed, our attorneys provide litigation in a variety of business dispute issues.
Homeowners, property owners, real estate developers, contractors, architects, and engineers as well as construction suppliers at times become involved in construction disputes and require legal assistance. We have experience litigating conflicts arising from construction defects, delayed work, construction site conditions, the contract bid process or construction liens. We have trial, arbitration and mediation experience with respect to these types of disputes.
We welcome the opportunity to be of service. To arrange a consultation to discuss your commercial law issues, please phone our office at 866.716.3242 or contact us online through our website.