Commercial Litigation

Frequently Asked Questions

The contractor that I hired did a poor job, can I sue him?

Only if the contractor actually damaged your property or failed to do the job in a workmanlike manner.

The contractor I hired gave me an estimate for the repairs and then charged twice as much, what can I do?

You may have the right to recover what you paid the contractor or to not pay at all.  Depending on the circumstances you might also recover attorney fees and enhanced damages.

The contractor refuses to honor our contract, what recourse do I have?

You can sue for the difference between the cost of that contract and the cost of getting another contractor.

I want to go into business with a partner, how do I protect myself?

You should negotiate an operating agreement detailing how the partners are paid, how the capital account is tracked, what happens when you disagree, and what happens when one of you dies.

My business partner refuses to honor his share of the partnership.  What recourse do I have?

You can sue for dissolution.  This will either push your partner out or allow you to pull your money out of the business.

My business partner and I want to dissolve our partnership, how do I protect my interests?

If the company has value, one of you needs to buy the other out.  If not, you need to file the proper documents with the State. You also want to make sure that your vendors know that you are no longer operating so that they don’t assume that the you will pay the bill for another partner’s new business.

My business was damaged in an accident and the insurance company will not pay.  Do I have any recourse?

You can sue for the amount they should have paid for repairs and, depending on the policy, for business disruption.

I own a company and am having trouble getting some of my clients to pay.  Can an attorney help?

You can write letters, but if you get no response, suing for damages is the only way to legally establish your right to money and to collect it.