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Contract Drafting & Disputes

Contracts provide a framework for agreements and ensure that parties uphold their obligations in any business transactions. Our attorneys that specialize in contract disputes are experts in resolving contract disputes effectively, preserving business relationships, and safeguarding the interests of all parties.

In some cases, a client can no longer file a dispute after a specific timeframe has passed. In Pennsylvania the time frame is four (4) years. This creates an issue for clients who are not knowledgeable about the grievance procedures. A victim may even lose their hard-earned money. Contract disputes can also cost the victim’s future employment opportunities.

Contract Drafting

Having a contract is essential as it establishes clear terms and obligations between parties in any business or personal arrangement. It helps prevent misunderstandings and legal disputes by outlining rights, responsibilities, and remedies in case of breach. A well-drafted contract provides security and ensures parties’ interests are protected.

Generally, in most contracts you will see three key items: an offer, a counter offer, and an acceptance. It can be tricky to understand so we have created a quick guide to help

Where Do Contract Disputes Commonly Arise?

A breached contract is a big issue for a business or professional. Sometimes a breach is small and can be cured, but often the parties involved need to get attorneys or a court involved. A contract dispute lawyer can be firm, protect your business, and help resolve issues related to contract violations. 

It can be useful to get an attorney involved because there are things such as the Parol Evidence Rule that many people may not be aware of. If a contract dispute reaches a court in Pennsylvania, the rule prevents outside information from being considered when a court interprets a written contract. 

In some cases, the parties involved want to avoid excess costs, but they have no choice but to seek declaratory judgment to protect their rights. This can help both parties to prevent future disputes. 

Construction Projects

Construction contracts outline the agreement between the contractor and their clients. A good construction project contract should elaborate on the project’s scope and description. Before signing, both parties must understand the terms included in a construction contract.

When construction project disputes arise, taking legal actions may be necessary. Hiring a business law lawyer with extensive experience in construction litigation can help you. Contract dispute lawyers will go over the contract and identify the crucial parts.

Employment and Independent Contractor Arrangements

An employment arrangement is a written contract between an employer and an employee. This document specifies the benefits, work arrangement, and compensation of the employee. The scope of the employee’s responsibilities should also be indicated in this agreement.

At Kaminsky Law, our litigation lawyers also handle employment-related disputes. We will help you with the legal procedures of your contract dispute case. Our contract dispute law firm will try our best to meet your best interests.

Independent contractors should also create a written arrangement with their clients. They can use this when a conflict arises between them and their clients. Contractors who are experiencing client issues can also reach out to us for help. We will assess your contract use fact-based arguments to support your case.

Purchase and Sale of Goods, Materials, and Services

When a business buys production materials, they get them from a source. But, before they can order materials from the source, they would need to provide purchase contracts. These contracts contain the price, quantity, and quality information.

In some cases, the source may mess up the orders completely. When this happens, a client can file for a contract dispute. Legal actions can be taken when the source refuses to acknowledge responsibility for the incorrect order. A business litigation attorney can help resolve this issue. 

Non-Compete Agreements

An employer may introduce a non-competition clause to their employees’ contracts. Employees who leave the company cannot seek employment with a competitor company. This is to protect the business’s trade secrets and best interests. An employee who violates this rule may face legal consequences. 

Understanding Breach of Contract and Determining the Validity

Breach of contract is a typical litigation case. This usually occurs when the company or contractor violates the acknowledged contract. The severity of the breach will depend on the impact it caused to the business or project.

There are two types of contract breaches, and they are material breach and minor breach. A material breach is when the contractor completely abandons their responsibilities. They can no longer resolve this breach, and the non-breaching party can sue the violator.

A minor breach is when a contractor partially fulfills its duty. In this case, the non-breaching party can still sue the other party for not fulfilling their duty. But, both parties are still bound by the contract at this point.

In cases of a genuine contract breach, a court may mandate the party responsible for the breach to provide monetary compensation, constituting a legal remedy. When monetary compensation proves inadequate to address the breach adequately, the court may issue an order for specific performance, a type of equitable remedy. It is easy to confuse legal remedies and equitable remedies so make sure you read our blog post laying out the differences.

Reach Out

In the realm of contract disputes, expert legal representation serves as a crucial asset for businesses. By preserving relationships, protecting legal rights, and seeking cost-effective resolutions, skilled attorneys empower businesses to navigate these disputes successfully, fostering trust, and maintaining their competitive angle in the marketplace.


For a contract to be enforceable, it must have:

  • Mutual Consent
  • A Lawful Purpose
  • Competent Parties
  • Offer and Acceptance
  • Clear Terms
  • Consideration

To negotiate a contract effectively, thoroughly understand your needs and objectives, research the other party’s interests, and identify common ground. Seeking professional legal advice may alleviate some stress and we are ready to help!

A contract is a legally binding agreement between two or more parties that outlines their mutual rights, obligations, and responsibilities. It establishes the terms and conditions that the involved parties have voluntarily agreed to follow.

  • Employment Agreements 
  • Property Leases
  • Sales Contracts
  • Service Agreements
  • Non-Disclosure Agreements (NDAs)
  • Partnership Contracts

Having agreements is crucial for your business. Agreements such as client contracts, employment contracts, partnership agreements, and vendor agreements establish clear terms, protect your interests, and minimize potential disputes, ensuring smoother operations and legal compliance.

In many cases, contracts don’t need to be in writing to be enforceable, as oral agreements can still be legally binding. However, some contracts, such as real estate transactions and agreements lasting more than a year, require written documentation to be enforceable.

Express terms are explicitly and specifically stated in a contract, while Implied terms are not expressly mentioned but are presumed to be part of the agreement based on the nature of the transaction, custom, law, or the parties’ conduct.

Breach of contract refers to a violation or failure to fulfill the terms and obligations outlined in a legally binding agreement. It occurs when one party fails to perform as promised, leading to a potential legal dispute or seeking damages.

Call our office, send us an email, or fill out a contact form! We are happy to review your contract, draft a contract you may need, or help you work towards resolving your contract dispute!

Anton Kaminsky, Kaminsky Law's founding partner, is an aggressive and creative lawyer that takes a modern approach to business, personal injury, and employment litigation

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Kaminsky Law is a small business-oriented litigation Law firm licensed in Pennsylvania and New Jersey with cost-effective approach to lawsuits, settlements, and dispute resolution.