Litigation Lawyers in Birmingham
In Birmingham, Alabama, commercial litigation is any civil litigation that includes a business transaction. Commercial litigation can come up in basically any business context.
In Birmingham, Alabama commercial litigation can be very confusing and costly. While it normally involves two business in a legal dispute with one another, it might also arise between average individuals who were engaged in an informal business transaction (such as someone selling a car to her neighbor), and never would have guessed that they might be thrown into a commercial litigation case in Birmingham, Alabama.
Common Sources of Commercial Litigation in Birmingham, Alabama
Commercial Leases: Most businesses in Birmingham, Alabama operate from a single physical location, despite the rise of the Internet and e-commerce. These locations are often in rented space, which is typically more cost-effective than purchasing real estate just for the purpose of operating a business. These rental arrangements are laid out in documents called "commercial leases." Like every other contract, these leases are occasionally broken. If the parties cannot resolve the ensuing dispute amongst themselves, they might have to resort to commercial litigation.
Sales of Real Estate: Whether you're buying a house, an office building, or a vacant lot in Birmingham, Alabama, there are plenty of things that can go awry in the process. For instance, the seller might fail to disclose an easement on the property, or a physical defect, which you only discover after the sale is final. Or, if you're the seller, the buyer might fail to pay on time. Such mishaps are almost sure to cause a dispute, and if the parties cannot resolve it amongst themselves, commercial litigation might be the only choice.
Sale of Goods: It's far more prevalent for individuals to buy personal property, rather than real estate, in Birmingham, Alabama. And, like any transaction, the sale of goods can lead to civil litigation if one of the parties feels that the other did not perform under the agreed-upon terms. For instance, if a buyer fails to pay the agreed price for the goods, or the seller delivers a late, defective, or incomplete order, there is going to be a conflict. In some cases, these disagreements lead to commercial litigation.
Business Loans: When someone starts a small business in Birmingham, Alabama, they typically don't have the money to fund its start-up and first few years of operation. So, the initial step is often getting a loan from a bank. However, if the business fails, and the borrower can't make payments, or the lender engages in some type of unlawful conduct, the aggrieved party is going to seek redress. In some cases, the parties will have to resort to civil litigation to resolve their conflict.
Breach of Contract: In Birmingham, Alabama, contract law is simple in principle: when someone agrees to exchange value for value (a product in exchange for money, for instance), they have entered into a contract, which is a legally-binding agreement. A contract requires at least two parties, and if either of them fails to do what is required of them under the arrangement, they are said to be in "breach" of the contract. If they do not remedy the situation, or the other party does not waive the requirement, a conflict is likely, which might lead to commercial litigation.
How Can a Birmingham, Alabama Commercial Litigation Lawyer Help?
Business owners in Birmingham, Alabama are probably aware of the fact that commercial litigation can always be just around the corner, and just about any business deal that goes bad can trigger it. It's advisable, therefore, to take some simple steps to prepare for possibly civil litigation, so it will only be minimally disruptive to your business, should it occur in the future.
And the best thing you can do on that front is to take steps to minimize the chances of disagreements leading to commercial litigation in the first place. Commercial lawyers in Birmingham, Alabama can be very advantageous with that. By advising you of your legal rights and obligations, your attorney can help you avoid making the mistakes that lead to legal disagreements in the first place.