Philadelphia Commercial Litigation Attorneys
Philadelphia commercial litigation attorneys handle business contract disputes and other commercial litigation in Philadelphia and South Jersey. Contracts come in many forms, and are the basis of nearly every kind of economic venture. Contracts can be written for performance of services, for cooperation or participation in a business venture, for the purchase, sale or use of goods or property, for the sale or purchase of a business, or for myriad other goals. A contract is an agreement between two parties in which each makes certain promises or commits to a certain obligation, and in order for a contract to be valid it must contain certain basic elements. As long as all of those elements are present, if either party falls short of what is promised in the contract, the other can pursue legal action. If you are party to a contract that has been breached or are involved in a dispute about the terms of a contract, the commercial litigation attorneys at Bochetto & Lentz can provide you with legal guidance based on years of successful contract litigation.
Contracts are often referred to as either express or implied. An express contract is one in which an agreement has specifically been made and spelled out, whether in writing or orally. An implied contract is one in which an agreement was not written down or spoken of but is still understood to exist because otherwise one party would be unjustly enriched. A court will uphold a contract that is implied just as it will enforce a contract that was made orally. Despite this, having the terms of a contract written down and agreed to by both parties is the best way to ensure that all details are included and agreed upon. Even with the benefit of a carefully drawn up written contract, disputes about interpretation frequently arise and litigation becomes necessary. The Philadelphia commercial litigation firm of Bochetto & Lentz can represent you through every phase of contact-related litigation, from negotiations to the courtroom and into the appellate process.
Disputes about contracts generally seek either performance or a remedy for the breach that has taken place. A remedy generally takes the form of a damages award, which is monetary compensation that must be paid by the breaching party to the other party to make up for the damage that has been caused to them. This can take the form of consequential damages that put the injured party into the position they would have been in had the contract been fulfilled, liquidated damages that were agreed to at the time that the contract was established, or nominal damages that are awarded when little financial loss occurs as a result of the breach. A court may also order a remedy that is non-monetary. These are known as equitable remedies and may include either requiring the breaching party to do what they had promised in the contract or rescission, which essentially pretends that the contract never existed.
With offices in South Jersey & Philadelphia, the commercial litigation attorneys at Bochetto & Lentz have experience representing diverse industries, individuals, and businesses large and small in contract disputes. We believe in keeping our clients’ goals and objectives at the forefront of every business contract related litigation.