Running a business means dealing with a whole range of issues, but few issues are as long-lasting and impactful as litigation.
Battling – or initiating – a lawsuit can take months, if not years. But with the help of an attorney who’s skilled in the practice of commercial law, you can successfully litigate these matters, or avoid them altogether. Read on to learn more about the world of commercial law.
What is commercial law?
Commercial law is a field dealing with people and businesses engaged in trade and commerce. As such, it deals with some distinct legal issues.
One of the main focuses of commercial law is contract disputes and violations. Contracts between businesses and with customers are often based around a contract. A breach of contract can mean substantial financial losses for either side of the agreement.
Beyond contract disputes, some common commercial law matters include:
- Violations of non-competition agreements
Also known as a non-compete clause or NCC, this covenant is one in which an employee agrees not to take a job with a competitor after leaving your employment.
- Restrictive employment covenant
Non-compete clauses are actually a type of restrictive covenant found in businesses. Others include non-disclosure agreements (preventing parties from disclosing trade secrets and proprietary processes) and non-solicitation agreements, in which one party agrees not to solicit the other’s workers or customers.
- Shareholder and partner disputes
In a perfect world, everyone involved with running a business would agree on the company’s direction 100 percent of the time.
But that isn’t always the case. Shareholders will often be at odds over business decisions, financial matters, compensation or – in the case of minority shareholders – the feeling that they have no say in what’s going on.
- Unfair commercial practices
This is a category that can include several different issues, such as allegations of false advertising, incorrect pricing, unfair sales strategies and deceptive prices. A good commercial law attorney can defend you against these matters – or better still, help you avoid them.
How are commercial law matters settled?
Commercial law disputes can be handled in a variety of different ways. In some cases, the remedy might simply be one party agreeing to pay the other monetary losses for damages.
In breach of contract cases, the solution might be contract rescission, or the termination of a contract. And when two or more parties can’t agree on an outcome, there are alternative dispute resolution remedies such as mediation and arbitration.
Can a commercial law attorney help me with construction litigation?
Disputes during construction can be tough to avoid and come in a variety of forms, such as mechanic’s liens claims and defective construction claims, as well as recovering payments and penalties under Pennsylvania’s Contractor and Subcontractor Payment Act.
Homeowners, builders, contractors, subcontractors and developers are all among the people who might need to call on a commercial law attorney to deal with these issues.
At Benner and Wild, we recognize the toll litigation can take on businesses and their owners. From construction litigation to arbitration to unemployment compensation and discrimination cases, our attorneys are adept at helping our clients make sure their rights and business interests are protected.
Contact us today to learn how we can help you and your business.