Contract Dispute Lawyers in Oklahoma

When two or more parties agree to do business, they usually sign a contract detailing the agreement terms. However, even when a contract is clearly written and executed, contract disputes happen, and if you operate an Oklahoma business, there’s a chance it will happen to you eventually. Contract disputes are quite common in the United States, with approximately 9% of contracts involving a significant claim or dispute.

If you have a contract dispute, it can help to talk to an Oklahoma contract dispute lawyer. Nix Patterson has years of experience in Oklahoma resolving contract disputes and has recovered millions of dollars in damages for both corporations and private individuals. We understand how critical it is to deal with the issue and immediately restore your business to normal operations. Nix Patterson covers all costs, so you never have to pay out-of-pocket legal expenses.

Types of Contract Disputes

If you contracted with a party who does not follow the agreement’s terms, the stage is set for a contract dispute lawsuit. This problem is best avoided by having qualified counsel review your business contracts upfront to ensure they are clear and comprehensive and offer a way to resolve matters if one side fails to meet its obligations.

This problem can be exacerbated if the contract is difficult to read, inconsistent, or vague. Nix Patterson’s Oklahoma City business litigation attorneys can negotiate, draft, and review business contracts to ensure they are clear and complete. If a contract dispute arises, we can help resolve the matter via mediation or arbitration. Contract disputes can arise in many types of business relationships, such as:

• Shareholder disputes
• Partnership disputes
• Landlord-tenant disputes
• Breach of real estate contracts
• Breach of vendor contract
• Breach of intellectual property contracts
• Coercion or fraud
• Contract errors

When there is a breach of contract issue, it may be either an actual breach or an anticipatory breach. There is an actual breach when one party does not adhere to the contract terms, while an anticipatory breach occurs when one side communicates in advance that they will not honor a contract term.

How Do Contract Disputes Happen?

A contract dispute can occur when one or both parties to the contract disagree about terms and conditions. A contract is valid only when both sides understand the document and accept the terms. If certain parties disagree with the contract, there can be a court challenge.  

Many contract disputes happen when one side breaches it for various reasons, meaning they do not do what was promised in the document. Some contract disputes involve a minor breach or immaterial breach, where the contract core is unchanged. Both parties must still fulfill the contract in the case of a minor violation; however, the party who did not breach can still file a claim for damages.

On the other hand, a material breach happens when one side fails to perform its duty, and the contract is broken. The side that is affected by the breach can sue the other for damages in civil court.

How Are Contract Disputes Settled?

Before you work with an attorney to resolve a contract dispute, it is usually recommended to try other methods. If you can resolve differences outside of court, it is often less expensive and less time-consuming. Sometimes, a government agency can assist in a contract dispute. Contractors with a license with a state, local, or federal agency can often contact the agency to deal with a complaint or contract issue.

Another possibility is to work with a contract dispute attorney to mediate with the other party or parties. While a mediator will not declare a winner and loser to the dispute, they can help resolve the matter to avoid expensive litigation.

Binding arbitration is another option to resolve the issue, but it differs from mediation because the decision is legally binding. There is no appeal after binding arbitration, but the process is often less time-consuming than litigation. Other common resolutions for a contract dispute are:

• Cancellation and restitution
• Specific performance
• Damages

Specific performance means the court orders that party to fulfill their obligations, which may be ordered if damages are insufficient to make the party whole. Damages that may be awarded in a breach of contract or contract dispute case could include:

• Compensation to return the injured party to their original position before the dispute arose
• Nominal damages when the breach happened without measurable financial loss
• Liquidated damages, which should be listed in a contract provision
• Punitive damage for wrongful acts

How Can You Avoid Contract Disputes?

While a contract dispute can happen to anyone, the problem is less likely when all parties understand the terms. The following steps may help you avoid a contract dispute, and your Nix Patterson contract attorneys can offer additional guidance:

• Be clear on the goal of the contract and articulate the points that need to be negotiated.
• Review the terms and conditions after every contract update, and use caution when changing product specifications or working with a new contract negotiator.
• Document every contract negotiation in writing, including quantities, prices, history, and other terms and conditions.
• Define all legal words, industry terms, and other jargon to avoid misunderstandings.
• Partner with an experienced contract attorney to aid with contract negotiations.

What Is the Oklahoma Alternative Dispute Resolution System?

Mediation and alternative dispute resolution are potential solutions to resolving a contract dispute outside of the legal system. The Oklahoma legislature passed the Dispute Resolution Act in 1983, which offers convenient access to alternative dispute resolutions for all residents of Oklahoma.

Using this system in Oklahoma is desirable, when possible, because of the potential resolution speed. Mediation sessions are set up within 10 to 14 days of a filed complaint.

What Is the Statute Of Limitations for an Oklahoma Contract Dispute?

Okla. Stat. tit. 12A, 2-725 establishes a five-year limitation on a written contract and three years on an oral contract. Ensure you have contracted a contract dispute attorney well within the statute of limitations.

Contact Nix Patterson’s Oklahoma Contract Dispute Lawyers Today

If you are involved in a contract dispute, you can count on the litigation and negotiation skills of Nix Patterson. Our attorneys understand that contract disputes must be resolved efficiently while providing the relief your business needs.

Nix Patterson is devoted to offering effective solutions to your Oklahoma contract disputes. Please contact our contract dispute attorneys today for a complimentary consultation.