What is the best way to resolve a contract dispute in San Diego? Why do you need an attorney for a contract dispute in San Diego or anywhere in California? In many cases, the best strategy is to prevent a dispute before one ever occurs. If a contract dispute or breach of contract arises, the Watkins Firm has more than 40 years of experience and a unique strategy specifically designed to resolve your business contract dispute quickly and efficiently.
Key Takeaways Regarding the Right Attorney for a Contract Dispute in San Diego or Anywhere in California:
- The best way to prevent a contract dispute is to prevent it before it ever happens. The structure, thorough detail, and accurate law contained within any contract can actually help to prevent a breach.
- The best contract is the modification of an existing, proven contract by an experienced attorney. However, it must be accurately customized to the unique transaction(s) at hand in order to maintain contractual integrity and enforceability.
- What are the fastest and most effective strategies to resolve a contract dispute?
Preventing a Business Contract Dispute Before It Ever Arises
How can your Watkins Firm attorney for a contract dispute in San Diego or anywhere in California help to actually prevent a dispute before it ever arises? Preventing a business contract dispute begins with business savvy and understanding the nuances of a deal as well as a thorough understanding of federal, state and local laws. Unfortunately, many new business professionals attempt to save a few dollars using download contract and form sites. These sites promise legal forms for a fraction of the cost of working with a local attorney. The harsh risks and reality of the California business world is unfortunately too much to satisfy with a bland, generic template.
How important is the business transaction or relationship associated with this contract? How much money is at stake? How much risk do you perceive not only for your own position but for that of your transactional or relationship partner? How much do you value all of the hard work you’ve put into your company and building the business opportunities you now enjoy? How much do you value the relationship with the other party or parties in the transaction?
These questions may seem a bit pointed, but they are honest. The Watkins Firm has served the San Diego business community for more than four decades. We are experienced contract dispute resolution attorneys who take a unique approach to preventing a contract dispute in California and resolve a contract dispute in a cost-effective and expedient manner.
Proprietary Library of Proven Business Contracts
The key to preventing a contract dispute is an enforceable contract which thoroughly and completely captures the essence of the business transaction or relationship, the specific roles and responsibilities of the parties and a clear concept of the “benefit of the bargain” each party may expect as a result of the contract. A sound business contract anticipates every foreseeable issue which might arise while providing a type of legal “map” to guide the parties seamlessly from contract signing to the completion of the transaction or relationship.
The Watkins Firm has developed a proprietary library of proven business contracts based successful transactions across more than four decades. We begin with one of our proven contracts and custom-tailor it to your specific application and unique issues. Our experience in business contract disputes and litigation provides substantial insight and informs effective contract development and review. The more you know about disputes and litigation the better you are equipped to prevent it from happening. Tailoring a contract to your unique requirements is not only cost-efficient, it ensures you have a well-crafted, enforceable agreement, while reducing or eliminating the opportunity for a dispute to develop.
The Fastest Way to Resolve a Contract Dispute in San Diego
The fastest way to resolve a contract dispute in San Diego is through leveraged, effective negotiation. The Watkins Firm is able to resolve the vast majority of our contract dispute cases in this manner. This is also the least expensive path to move your business through any dispute. Your Watkins Firm attorney for a contract dispute in San Diego or anywhere in California also represents clients in business mediation, arbitration and, when necessary, at trial.
Our 40+ years of proven, successful experience in these cases helps us to craft successful contracts which help to avoid any dispute. If an issue arises, we work on behalf of our clients to resolve the dispute efficiently while accomplishing your goals and objectives in the matter.
Pro-Tip: “What’s a contract?
It sounds simple, but it really isn’t. If it was simple, there wouldn’t be volumes and volumes of code section in California law on what’s a contract. Generally speaking, under common law, a contract is an offer of acceptance with some consideration. We don’t have too many contracts that operate under common law because there’s usually a statute. If you want to buy a car, you want to buy a house, or, you want to buy goods from another merchant, or, enter into a service agreement to sell a house. You want to sell stock. Everything you might want to do we’ve (here in California) got a code section for that. So basically though, if you want to talk contracts, you’ve got to talk meeting of the minds. Two people having an understanding that’s the same, who agree on something. Then we go to written, partially written, and oral contracts.
A contract is kind of like a roadmap. It guides the parties through the transaction, and if something goes wrong, it says, ‘here’s what we’re going to do about that.’ Contracts are essential to staying out of court. if you have it in writing between the parties and all of the ‘what ifs’ are covered, you’ve got it made. If you don’t and something happens in one of those areas you didn’t think of, then people are going to say, well, I remember this and I remember that. We have something called the California Parol Evidence Rule. It’s not about going to court. It’s about a contract and what is within the four corners of that agreement. Here in California, this is all we can rely on. And if there’s something that’s missing from the contract, that time is when we can go outside and hear testimony and emails and bubblegum wrappers that people wrote things on. And we have a fight. So getting your contract written by an attorney or using the proper approved forms for the state is really important to avoiding these types of disputes.
The law also contains a couple words of caution – Contra proferentem. It’s a common law principle that says if you are the drafter of the agreement and there’s an ambiguity or dispute, and they can’t find it within the four corners of the agreement and resolve it, it should be interpreted against you, the drafter of the agreement. And if you didn’t know this and you didn’t have that other clause, it says both parties stipulate that the agreement will not be interpreted against the drafter then you would be in trouble. So those are one of the tiny little ‘what ifs’ we put into our agreements that your average person might not consider.” – Dan Watkins, Founding Partner
Learn more about our cost-effective and valuable business contract services. The strategies to prevent and resolve a contract dispute in San Diego begin with a sound, proven business contract. If you are serious about the business you are undertaking or the professional relationship you wish to create we invite you to review our Podcast Episode 15 – Contract Law, the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
Meet Dan Watkins:
Daniel W. Watkins is a true people person who sincerely listens. He cares about things that occur in other people’s lives. Dan enjoys digging into the facts and finding creative solutions to problems. He is not shy about giving his opinion either.
Dan’s interest in people make him deeply invested in every relationship and his exuberant personality makes him a true litigator. Dan fights for his clients with a fierce and calculated commitment.
Dan has practiced in the areas of business, medical practices and healthcare business, high tech/science, real estate and employment defense law since 1987. He is a seasoned litigator and true trial attorney with over 50 jury and bench trials to his credit. Dan has successfully represented both large companies and individuals and achieved substantial victories in well-publicized trials throughout California and the U.S.
He is experienced in business and corporate formation and administration, as well as all forms of alternative dispute resolution, including binding arbitration and mediation.
THE ROAD TO BECOMING A BUSINESS LAWYER AND LITIGATOR
Dan has almost 40 years of experience working with, for and against some of the largest insurance companies in the country. He has successfully tried and litigated cases in the areas of Healthcare Compliance, Commercial Litigation, Unfair Business Practices, Fraud, Breach of Contract, Battery, Premises Liability, Product Defect, Medical Malpractice, Discrimination, Sexual Harassment, Construction Defect, as well as Unfair Competition, Defamation, and Trade Secrets.
In December 2003, Dan commenced litigation against Health South Surgery Centers-West, Inc and its’ subsidiaries, exposing the company’s extensive mismanagement and misconduct of its’ surgery centers. Dan has also been asked by some of California’s largest municipalities and corporations to conduct legally required investigations into matters involving alleged employment discrimination and harassment.
