Columbia, SC Lawyers Resolve Business Disputes
Decisive action for breaches of contracts from commercial goods to professional services
Montgomery Willard, LLC acts decisively to identify the issues involved in the breach and facilitate resolutions that get your company back to work. With Montgomery Willard, you get direct access to a partner attorney with a minimum of 20 years of business litigation experience. Our Columbia contract litigation lawyers have experience across a wide range of industries, delivering cost-effective solutions to a multitude of issues, including:
- Construction contracts
- Manufacturing and service contracts
- Uniform Commercial Code (UCC) issues
- Employment contracts
- Real estate contracts
Protecting you against breach of contract disputes
When you’re entitled to monetary compensation for harm from a breach of contract, our attorneys vigorously pursue remedies in state court. We’ve had great success obtaining:
- Compensatory damages — Amounts necessary to compensate your business for the other party’s failure to perform under the terms of the contract
- Consequential or incidental damages — Additional amounts to compensate for losses to your business that the parties could have foreseen a breach at the time they entered the contract
- Attorney fees and costs — Only available if expressed in the contract
- Liquidated damages — Amounts stipulated in the contract to be paid in the event of a failure to perform
- Punitive damages — Additional amounts meant to punish a party who acted in an offensive and egregious manner. These are usually not available in a breach of contract action.
Remedies in equity for breaches of contract
In the interest of fairness, the court may order equitable relief along with, or in place of, a damage award. Equitable remedies for breach of contract include:
- Specific performance — The court orders the breaching party to perform its obligations under the contract. Courts rarely order specific performance in personal service contracts or where the court would have to monitor performance of the contract. Courts will order specific performance in sales contracts for real estate and other unique properties.
- Rescission — The court may order the contract canceled, freeing both parties from their obligations. This is often paired with restitution of expenses to a party who has substantially performed.
- Reformation — Where there has been a reasonable misunderstanding of terms or an imperfect memorialization in the contract, the court may order the contract to be re-written to reflect the true understanding.
Alternative dispute resolution for breach of contract
Montgomery Willard is determined to deliver value to our clients by resolving your contract disputes in a cost-effective way. Before resorting to costly litigation, we work to salvage beneficial contracts and business relationships through arbitration and mediation. By focusing on the specifics of the conflict, we can overcome impediments quickly and economically, so your business gets back to work.