In Need of a Commercial Litigation Attorney?
Commercial litigation refers to civil legal matters potentially involving the courts between or within businesses. Commercial litigation involves domestic or international disputes and also has two categories:
- Business litigation deals with the conflicts and laws regarding companies and businesses
- Construction litigation pertains explicitly to matters involving construction businesses as governed by the construction industry's laws, regulations, and requirements.
Commercial litigation typically utilizes the same legal process that civil litigation matters do. The general litigation stages are:
- Retaining a commercial litigation lawyer
- Conducting factual investigations
- Researching applicable laws
- Sending demand letters
- Engaging in settlement negotiations
- Filing a lawsuit
- Conducting discovery
- Participating in motion practice
- Trying the case before the court
- Filing post-trial motions
An experienced business litigation lawyer or construction litigation lawyer best handles commercial litigation matters.
Business Litigation and Types of Business Disputes
Business litigation involves any type of legal issue involving a business or organization. Any type and size of commercial establishment can face business litigation. Some disputes are internal, and some are external, but all can benefit from the assistance of a business litigation attorney. Business litigation covers a myriad of different areas, including:
- Partnership disputes: Occur when business partners, shareholders, or members have serious disagreements over the organization's vision, there has been a breach of fiduciary duty, usurpation of a corporate opportunity or the commission of a white-collar crime.
- Compensation disputes: Disputes can arise with employees or contractors over their compensation.
- Covenant Not to Compete: A promise usually placed within contracts stipulating that if the partner or employee leaves the company, they cannot compete with the company for a set period of time.
- Management disputes: Sometimes disagreements can arise between management or with the management teams between two companies.
- Severance issues: Severance refers to when an employee leaves and no longer works for the company. Many times, there are disputes or problems arising during this time surrounding matters like how much money is owed to the employee.
Construction Litigation and Types of Construction Disputes
Construction litigation concerns legal disputes arising from building or remodeling projects. While many issues overlap with business litigation, some are specific to the construction industry.
Construction litigation attorneys deal with many different matters, including:
- Contract disputes: Construction projects often involve multiple contracts. Contract disputes can arise over non-payment, work conditions, or unmet deadlines.
- Potential lawsuits: Sometimes, construction issues can't be solved with a settlement or some other agreement and will end up in court.
- Construction job site injuries: Employees and contractors can suffer injuries while on the job, which give rise to workers' comp or personal injury claims.
- Defective work: If a construction crew delivers a flawed project, they can be held liable for those defects.
- Contract termination: Either party might terminate a contract for various reasons, leading to disputes between them.
- Mechanic's lien: A charge or encumbrance placed on a structure or site by the construction company to ensure they receive labor, material, and services.
Hire A Commercial Litigation Attorney
Whether you are involved in a business or construction dispute, it's essential to have an experienced commercial litigation attorney representing you through these matters. In fact, it's best to already have an attorney whom you can turn to if and when legal matters arise. Unfortunately, for this in the business and construction sectors, it's not a matter of if but when you will need an attorney. While representing yourself may seem like the simpler, less-expensive choice now, in the end, your legal matter could cost you hours of time and tens or even hundreds of thousands of dollars. Protect yourself and your business by retaining a commercial litigation lawyer you can use when the need arises.