As a business owner, your ideal is when your attention and energy can be focused on your core business, delivering the goods and services your company is known and working in harmony with your fellow business partners and vendors on behalf of your customers. Inevitably, however, if you have been in business for any length of time, you have encountered a situation where a dispute arose.
Oftentimes, business owners may be hesitant to get a lawyer involved when a vendor has failed to deliver, a customer is unwilling to pay, or a commercial tenant is not paying rent, worried that any hint of formal legal action will dial up brewing acrimony to the point where any type of negotiation or settlement becomes impossible. While it may seem counterintuitive, reluctance to consult a legal professional in the early stages of a business disagreement can make it harder to resolve effectively and lead to avoidable mistakes that limit your ability to protect your business or collect on your losses. Far from locking you into an expensive lawsuit to settle a business difference, getting expert legal advice early preserves your full range of options for resolution and ensures that you are fully informed of your legal rights (and limitations) as you proceed. Here are the top situations in which bringing in a litigator can be essential for successfully resolving your business dispute as efficiently and effectively as possible.
The particulars of any business dispute are likely to be highly individual to the exact circumstances and parties, but they often fall into broad categories where the benefit of legal counsel is obvious. These include:
Breach of contract: This occurs when one party in a legally binding agreement fails to fulfill their obligations as outlined in the terms of the contract. Examples are:
In California, an affected party has the right to sue for breach of contract, even if the contract was only verbal instead of in writing, although a much shorter statute of limitations applies for broken verbal contracts (2 years from the date of the breach versus 4 year from the date of the breach for a written contract). Further, the terms of the original contract may mandate alternative dispute resolution mechanisms or otherwise constrain how a disagreement is pursued under the law.
Commercial lease disputes: Disagreements between landlords and tenants about the terms of a lease, or their respective obligations under that agreement, are unfortunately common, especially in high-demand, high-rent urban areas. These disputes can involve:
Unlike with residential tenants, the rights that commercial tenants enjoy rely more heavily on the terms of their contract than on statutory protections. However, local ordinances and California’s commercial real estate statutes can make it extraordinarily difficult to successfully evict a problematic tenant, hold a predatory landlord accountable for their actions, or break an unworkable lease without significant penalties.
Business-to-business (B2B) transaction disputes: These types of disputes arise when two businesses have entered into a contract and one party fails to perform. These include:
Often, the party alleging poor service or missed deadlines will refuse payment in response. Resolving such cases may require arbitration or even litigation, especially in the tech, manufacturing, and distribution sectors.
Retaining a litigator to help navigate this type of dispute has key benefits for business owners. An expert lawyer can ensure that your position is grounded in an accurate understanding of the contract provisions and applicable law and advocate vigorously from that foundation. They will also carefully adhere to statutory deadlines and requirements for any necessary legal action, such as filing a mechanics lien or serving an eviction notice. Most importantly, however, having the correct expertise and experience to efficiently guide negotiations saves the owner’s time, which they can rightfully focus on their own business instead of having a dispute derail their operations.
At Ghassemian Law Group, our litigation strategy is focused on reaching an early resolution, and our results speak for themselves. Over 95% of the matters we handle settle out of court, providing our clients with cost-effective solutions for their problems. To find out how we can help your business resolve troublesome disputes, contact us here to schedule your consultation now.
Not every disagreement requires a full lawsuit, but consulting a litigator early gives you clarity on your rights and helps you avoid costly mistakes. Many disputes can be resolved through negotiation or settlement before reaching the courtroom.
The most common include breach of contract (non-payment, missed deadlines, poor-quality work), commercial lease disputes (rent increases, eviction, maintenance), and business-to-business conflicts over services, supply chains, or warranties.
An experienced litigator understands how to apply the law strategically, negotiate from a position of strength, and often secure out-of-court resolutions. This reduces the time, stress, and expense associated with prolonged legal battles.
This article is informational only and meant to provide guidance. It is not meant to be legal advice and it does not create an attorney-client relationship. For what to do in your specific situation, please consult with a qualified Construction Law attorney.
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