When negotiating contract terms, partnership agreements, the sale of a business or any other business matter, having the right attorney to help you navigate the best possible outcome is mission critical. When you are not represented, you could overlook important details. Once the transaction is finalized, issues may arise that you may not have considered. However, even airtight contracts can result in litigation. The unfortunate reality is that business disputes are common and take place in a variety of situations. Disputes occur between business partners and owners, between individuals and companies, between homeowners and contractors to name some examples.
For 30 years, Thomas R. Nigro has helped clients with their business litigation needs and has represented and defended individuals and corporations, including construction companies, involving:
- Contractual Disputes
- Real Estate Disputes
- Breach of Fiduciary Duties
- Consumer Fraud
Breach of contract is the most common type of business dispute. Contracts can be formed verbally or in writing, and each are enforceable. Some contracts, such as agreements to sell and purchase real estate, must be in writing. Individuals or companies are harmed because one side or the other did not hold up their end of the bargain or, in other words, “breached the contract.” This can occur in many contexts and include partners in business, homeowners, contractors, and real estate transactions.
Sometimes litigation can arise where there is a fiduciary relationship between parties and one party owes another party a fiduciary duty. A fiduciary duty is an obligation imposed on one party in a special position of trust towards the other party. Examples of fiduciary relationships include but are not limited to an attorney representing a client or an accountant, business manager or trustee handling the funds of a client, a real estate agent representing a buyer or seller, boards of directors or officers overseeing a company for its shareholders. Punitive damages can be awarded in situations where it is proven that a party breached its fiduciary duty or position of trust to the other party.
The term “fraud” is often used in place of intentional misrepresentation but is the same cause of action to recover damages for dishonest behavior. It commonly occurs when a representation is made by one party to another party that is supposed to be true but is actually false and the party who relied on the false or misleading statement suffers damages. An example would be the seller of a house who has misled the buyer regarding a material aspect of the home’s condition. Fraud can also occur by a party concealing an important fact from another party. This area of the law can be complex. The Law Offices of Thomas R. Nigro can determine whether you or your company has a claim for fraud or intentional misrepresentation.