If you are a business owner, you will frequently deal with business transactions that you depend on in order to be successful. Dealing with all people in a business context is a transaction, whether it’s a construction worker in your office building or a paid marketing campaign. and therefore there should be a well-written contract in place so that both parties have a clear understanding of their responsibilities and obligations.
However, when contracts are breached, or when parties disagree on certain aspects of the contract, issues can arise. For example, if you are a property developer, you may have noticed what you consider to be a defect in your property, but the construction worker refuses to acknowledge it or fix it. In this case, there will be many questions that need to be answered, for example, the definition of a defect, whether this issue is, in fact, a defect that was not pre-existing, and whether damages have occurred as a result of the defect. These questions can be answered through litigation, and negligent parties can be ordered to pay damages. The following is an overview of the main stages of business litigation.
First, a case investigation will need to be conducted. This will help to ensure that there is potential for a lawsuit. Evidence will need to be gathered and analyzed to decide this.
If there is enough evidence for a lawsuit, the discovery process will begin. This will involve requests for admission, protective orders, and a case strategy will start being built.
There will then be a trial, in which witnesses will make testimonies and arguments will be made from both sides.
The settlement does not always happen after the trial. It can happen at any point in the process if the involved parties are able to come to an agreement through other methods of negotiation.
If you are involved in a dispute as a business owner, it is important that you assert your rights and consider engaging in litigation so that you are able to gain the outcome that you deserve.