In many civil cases, the lawsuit is between the defendant and the prosecution on an individual basis. But for companies, a commercial litigation suit would need to take place. This means that the company as a whole is represented by an attorney when dealing with various suits in order to collect money or a settlement. Here are some examples of when a commercial litigation suit would occur and why specialized lawyers would be needed.
Contract Disputes
A contract is a legally binding document, and in some instances the opposing party may have breached a business contract, so a suit may need to be filed. Cases like this can include times when the signor of a contract breaks some of the clauses listed or refuses to pay for services received as clearly listed in the contract. The commercial litigation suit would involve a case filed to legally force the other party to abide by the contract terms.
Lease Disputes
A commercial lease dispute can involve a suit to recoup monies owed for rent or repairs. If a tenant who rents a business space leaves before the lease is up, the property owner may sue them for the remaining rent due. A commercial litigation can also be necessary if a commercial tenant has caused significant damage to an office space or has caused the landlord to pay an exorbitant amount of repair costs due to negligence.
Business Dissolution
If a company ends up going bankrupt or failing, they may need the help of a commercial litigation attorney to iron out the details. Sometimes a business partner may take more of the profits than they should have, or they have not held up their end of the bargain, which could contribute to the company failing. Lawyers are also needed to ensure that assets are split between the proper parties when a company goes out of business. There may not always be a lawsuit in these instances; sometimes a lawyer is needed just to assist with completing the final business paperwork to submit to the courts.
Debt Collection
Commercial litigation suits regarding debt collection can be between a company and a customer or the company's vendors. If an invoice is submitted and not paid on time, a collection lawyer may be needed to recover the money owed. If debts cannot be recovered via traditional collection methods, a lawsuit may need to be filed. Any time there is a monetary or contractual dispute between a company and another party, a professional commercial litigation attorney can assist with the case to make sure that all legal channels are followed correctly.
To learn more about how an attorney can help you with commercial litigation, speak with a representative from a firm like FactorLaw.
