Litigation Lawyers in Madison
In Madison, Wisconsin, "commercial litigation" refers to any legal conflict between business entities, arising from some type of business transaction, which ends up being settled through the legal system. It can arise in almost any situation, at any time.
In Madison, Wisconsin 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 Madison, Wisconsin.
Common Sources of Commercial Litigation in Madison, Wisconsin
Commercial Leases: Despite the rise of the Internet, and e-commerce, most businesses in Madison, Wisconsin still need a physical location to operate. This space is typically rented from another party, under terms laid out in a commercial lease. These leases can lead to disagreements, if one party breaks them, such as by failing to pay rent on time, failure to provide access to the property under the agreed-upon terms, etc.
Sales of Real Estate: If you're buying a house, office space, or a plot of land in Madison, Wisconsin, you're probably aware of the fact that something can go wrong at any stage of the process. Whether the seller's title is defective (they don't directly have the ownership interest that they claim to be conveying to you), or there's a physical defect on the property that wasn't disclosed, commercial litigation might be the only option to resolve the disagreements that such problems are likely to create.
Sale of Goods: The sale or purchase of personal property is another prevalent source of commercial litigation in Madison, Wisconsin. For instance, a restaurant owner might order tomatoes from a supplier, and fail to pay for them. The owner might argue that the tomatoes were rotten and unusable when they arrived, and he therefore does not have to pay. Obviously, if the two parties can't resolve this conflict somehow, they will have 2 options: simply let it go, and likely never do business with one another again, or go to court, and resolve it through civil litigation.
Business Loans: When a business is started up in Madison, Wisconsin, one of the initial steps is typically to take out a loan from a bank. However, this is a complicated process, and there are many things that can go wrong. If the borrower fails to make the required payments, or the lender attempts to defraud the buyer, civil litigation is a strong possibility.
Breach of Contract: Whenever a business in Madison, Wisconsin agrees to provide a product or service in exchange for something of value (typically money), a legally-binding agreement, called a "contract," is created. 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 Madison, Wisconsin Commercial Litigation Lawyer Help?
If you have a business in Madison, Wisconsin, it should by now be apparent that there are various different situations from which commercial litigation can arise, and it rarely happens when it's expected. So, it's always smart to have a plan in place (and money or insurance set aside, if possible) to resolve a commercial litigation issue, should it arise.
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 Madison, Wisconsin 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.