Litigation Lawyers in Portland
Commercial Litigation in Portland, Maine is civil litigation that arises out of a business transaction, or some other conflict between two businesses, or between a business and a customer. It can appear out of nowhere, and arise out of almost any business matter.
In Portland, Maine, litigation is intricate and expensive. While it can come up between sophisticated companies, it can just as easilyy involve people who would never guess that they'd one day be involved in a commercial litigation dispute in Portland, Maine. It can arise from the most informal business transactions, such as a homeowner selling a piece of furniture to his neighbor.
Common Sources of Commercial Litigation in Portland, Maine
Commercial Leases: Most businesses in Portland, Maine 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 sometimes broken. If the parties cannot resolve the ensuing dispute amongst themselves, they might have to resort to commercial litigation.
Sales of Real Estate: Buying office space, a home, or an empty plot of land in Portland, Maine is not a simple process, and something can go wrong at any step along the way. For instance, there might be a title defect, or some type of physical flaw on the property, and the seller fails to disclose it to the buyer, this will almost certainly lead to the buyer demanding compensation, in the form of a full or partial refund, from the seller. If no agreement can be reached, commercial litigation is the likely result.
Sale of Goods: Buying and selling personal property is far more common than buying and selling real estate in Portland, Maine. Consequently, it's also more common for commercial litigation to arise out of disputes concerning the sale or purchase of goods, as opposed to land. Some common problems that can come up in the sale of goods are a seller's failure to deliver the right product on time, or the buyer failing to pay the price that they agreed on. Most of the time, reasonable, professional people can settle these disagreements amongst themselves. However, in relatively rare cases, they have to resort to commercial litigation when a negotiated settlement is unrealistic.
Business Loans: When someone starts a small business in Portland, Maine, they typically don't have the money to fund its start-up and first few years of operation. So, the first 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: Whenever a business in Portland, Maine agrees to provide a product or service in exchange for something of value (typically money), a legally-binding agreement, called a "contract," is formed. If either party fails to perform their end of the bargain, they have breached the contract, and commercial litigation is a possible way to settle the conflict.
How Can a Portland, Maine Commercial Litigation Lawyer Help?
In Portland, Maine, typically business owners know that commercial litigation can be caused by almost any business mishap, and the prospect of litigation can rear its head with almost no warning. They also know that it's a smart idea to be prepared for this possibility, to ensure that the interruptions to their business operations that it will cause, as well as its costs, are kept to a minimum.
The best thing you can do on that front is retaining a knowledgeable Portland, Maine commercial litigation attorney. Your attorney can provide you with advice and information that, if followed, will help you avoid litigation in the first place. And, if litigation becomes unavoidable, a knowledgeable lawyer can give you the best possible chance of obtaining a favorable result in court.