CONTRACT & BUSINESS LAW

Arizona Contract & Business Lawyers

With our emphasis in commercial law, the majority of our cases invariably involve one type of contract or another. This includes:

  • Contracts for the sale, lease and construction of commercial and residential property
  • Employment contracts
  • Non-competition and anti-piracy agreements
  • Promissory notes
  • Mortgages (deeds of trust)
  • Development agreements
  • Advertising agreements
  • Investment agreements
  • Operating agreements for limited liability companies
  • Partnership agreements
  • By-laws for corporations.

Need a Contract Lawyer? Contact Weinberger Law Today.

Contract Law FAQ

What Is Business Law?

Business Law encompasses a wide array of legal issues that include contract drafting, contract disputes, the formation of businesses, litigation and legal document review. In forming a new business, you typically need some firm of governing document to get started. If you are starting a limited liability company (LLC), for example, then you will need an operating agreement. If you are starting corporation, it is best to have by-laws prepared. A good contract law attorney or contract law firm is invaluable in getting these documents prepared correctly.

When Should I Have an Attorney Prepare a Contract?

Any time that you or your business are entering into an agreement or transaction which you consider to be important, or which could have a substantial impact on your business, that agreement or transaction should be reduced to writing. A good business and contract attorney will help you protect your interests by drafting documents such as a partnership contract, development agreement, consulting agreement or joint venture agreement. If you are buying a business, you will want to have an asset purchase agreement prepared that includes a non-compete agreement that prevents the seller of the business from competing with you after your purchase of the business has closed. If you are involved in real estate or in the construction of a building, a good real estate attorney will prepare a comprehensive construction contract or general contractor agreement that protects you whether you are the owner or the contractor.

Do I Need a Written Contract?

Yes. Even if the law may not always require it, we strongly advise our clients to put their agreements in writing. The point of a written contract is to create clarity on what each party’s rights and obligations are. This is true of all types of transactions, but is especially true in the case of employment agreements, joint venture agreements, partnership contracts, operating agreements, corporate by-laws and promissory notes. When you enter into any kind of business or arrangement, you want to reduce your risk as much as possible. You want to have as much certainty as possible. A clear written contract spells out what is supposed to happen, when, and who is supposed to do it. It will either keep you out of litigation entirely or at least substantially reduce your legal expense should a lawsuit be filed.

What Are Common Types of Contract Lawsuits?

The most common type of contract litigation is for breach of contract. A “breach” generally means that a party has either failed or refused to perform one or more of their obligations under a contract, or has done something to frustrate the other’s party ability to benefit from the contract. You can also file a claim asking the court to enter an order of “specific performance.” An order of specific performance is a direct order to a party requiring them to perform their obligations under the contract. Another type of contract lawsuit is for a “declaratory judgment.” An action for declaratory judgment asks the court to interpret one of more terms of the contract, or to resolve a dispute over what each party is obligated to do under the contract.

What Kinds of Damages Can I Recover in a Contract Case?

There types of damages that can be recovered in contract cases include compensatory (or actual) damages, consequential damages and liquidated damages. Compensatory damages are the amounts that you actually lost out-of-pocket as a result of the other party’s breach of contract. If you pay money to a vendor to sell you equipment for your business and the equipment is never delivered, then your actual damages will be the amount that you paid to that vendor plus interest. Consequential damages are additional damages that occur beyond your out-of-pocket losses. If, for example, the equipment that was not delivered to you was going to be used to manufacture products that you would have sold for a profit, then your consequential damages would be the amount of those lost profits. Liquidated damages are a set, specific amount of damages that your contract says you will be awarded if the other side commits a certain type of breach. They are intended to represent a reasonable forecast of what a party will actually lose if a breach occurs. If the amount of liquidated damages in the contact are excessive or appear to exceed a reasonable forecast of the harm that will actually result from a breach, the court may not enforce that part of the contract.

More questions? We have answers.

Weinberger Law has over 30 years of experience in drafting various contracts for your personal and/or business needs. We welcome you to schedule a consultation so we can answer any questions you may have. Call 480-729-6275 to schedule a consultation today.

Need a contract lawyer? Call for a consultation.

Reviews:

Ray Arenofsky
Ray Arenofsky
18:13 20 Sep 17
I have known Brian Weinberger for many years. As a fellow lawyer, I can highly recommend him. He cares about his clients and gets great results in mediation and litigation. He provides the needed comfort and hand holding for the people he represents during the stressful times in litigation or meditation. He also settles many case when it is for the client’s advantage. He will not waste your money. If a matter does not make financial sense, he will explain to you why you should not spend any monies on the matter. He will use the legal tools that will benefit you the most. He has tireless energy and has gifted skills and knowledge to get you the best results. You will always have a great lawyer and friend in your corner. Quite frankly, I would pick Brian as my own attorney, if I needed one.
Jerry Friedman
Jerry Friedman
22:05 14 Sep 17
Our company retain Weinberger Law Firm to represent us in a contractual disagreement with a former employee. Brian's (and his team's) meticulous attention to detail, knowledge of the law and commanding presence in Federal District Court assured a positive result for our company that was upheld upon appeal to the 9th Circuit Court of Appeals (San Francisco). It is without hesitation that I recommend Weinberger Law Firm for commercial contract litigation.
Gregg Clark
Gregg Clark
18:49 15 Sep 17
Brian Weinberger is an expert in so many aspect of law. He navigated me through a very difficult time in my life. He's a great communicator, I'd highly recommend him for anyone in need of legal counsel.
Cj Lazar
Cj Lazar
00:38 15 Sep 17
I have needed Mr. Weinbergers' assistance on a few occasions. He was incredibly fast, insanely knowledgeable and had what I found to be great pricing. I really can't stress how great it was to work with him. He was very friendly and treated me like family. He will sit down and really make sure you understand every step of the process, which is very helpful when an average joe like myself needs to understand what anyone is talking about regarding laws. Thanks!
Alan Handelsman
Alan Handelsman
04:55 29 Sep 17
Brian Weinberger has helped me with a few legal matters, and he was responsive, thorough, clear, respectful, professional, and reasonable. I was very happy with his work, and will seek out his services as I need them in the future.
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