Litigation Lawyers in Kanawha County
In Kanawha County, West Virginia, "commercial litigation" refers to any legal dispute 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 Kanawha County, West Virginia commercial litigation can be very convoluted and costly. While it usually involves two business in a legal dispute with one another, it might also arise between ordinary 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 Kanawha County, West Virginia.
Common Sources of Commercial Litigation in Kanawha County, West Virginia
Commercial Leases: Most businesses in Kanawha County, West Virginia operate from a single physical location, despite the rise of the Internet and e-commerce. These locations are often in rented space, which is normally more cost-effective than purchasing real estate just for the purpose of operating a business. These rental contracts 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: Whether you're buying a house, an office building, or a vacant lot in Kanawha County, West Virginia, there are plenty of things that can go awry in the process. For example, 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 certain to cause a dispute, and if the parties cannot resolve it amongst themselves, commercial litigation might be the only option.
Sale of Goods: It's far more frequent for individuals to buy personal property, rather than real estate, in Kanawha County, West Virginia. 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 example, 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 disagreement. In some cases, these disputes lead to commercial litigation.
Business Loans: Typically, when a business gets started in Kanawha County, West Virginia, it has to take out a loan from a financial institution. If the business fails to make timely payments on the loan, it's possible that litigation will result.
Breach of Contract: In Kanawha County, West Virginia, contract law is simple in principle: when someone agrees to exchange value for value (a product in exchange for money, for example), 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 contract, 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 disagreement is likely, which might lead to commercial litigation.
How Can a Kanawha County, West Virginia Commercial Litigation Lawyer Help?
If you have a business in Kanawha County, West Virginia, it should by now be evident that there are several 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.
The best thing you can do on that front is retaining a reliable Kanawha County, West Virginia 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 brilliant lawyer can give you the best possible chance of obtaining a favorable result in court.