Litigation Lawyers in Boston
Commercial Litigation in Boston, Massachusetts is civil litigation that arises out of a business transaction, or some other dispute between two businesses, or between a business and a customer. It can appear out of nowhere, and arise out of almost any business situation.
Commercial litigation in Boston, Massachusetts, can get very expensive, very quickly. Furthermore, it can also be incredibly perplexing. It often involves two sophisticated business entities, but it can also arise between two ordinary individuals who never would have imagined that they'd get caught up in commercial litigation in Boston, Massachusetts.
Common Sources of Commercial Litigation in Boston, Massachusetts
Commercial Leases: In Boston, Massachusetts, the vast majority of small businesses need some physical location from which to operate. Most of the time, business owners rent this space from a third party, and have a written agreement laying out these rental terms. This contract is called a "commercial lease." These contracts are occasionally breached by one, or both, of the parties involved. When this occurs, commercial litigation is typically the result.
Sales of Real Estate: Whether you're buying a house, an office building, or a vacant lot in Boston, Massachusetts, 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 common for individuals to buy personal property, rather than real estate, in Boston, Massachusetts. 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 dispute. In some cases, these disagreements lead to commercial litigation.
Business Loans: When someone starts a small business in Boston, Massachusetts, they usually 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 dispute.
Breach of Contract: When an individual or business in Boston, Massachusetts, agrees to exchange something of value for something else of value (such as a product in exchange for money), they have entered into a binding agreement called a "contract." This means that each party can use the law to compel the other party to execute their commitments under the terms of the contract. If someone fails to perform under the agreement, commercial litigation is one avenue to resolve the resulting dispute.
How Can a Boston, Massachusetts Commercial Litigation Lawyer Help?
If you run a business in Boston, Massachusetts, it should be clear by now that commercial litigation can arise in many different situations, possibly when you least expect it. For that reason, it's a good idea to have plans in place to deal with commercial litigation issues, should they come up.
On that front, the single best thing you can do is, by far, to seek the advice of an experienced Boston, Massachusetts commercial litigation attorney. Your lawyer can advise you on practical steps you can take to minimize the chances of business litigation occurring in the first place, and give you the best possible chance of success if commercial litigation is unavoidable.