On behalf of Richard Mucci of Law Offices of Richard Mucci posted in Contracts on Wednesday, April 10, 2019.
Massachusetts business owners enter into agreements with other parties for goods and services all the time. More often than not, both parties fulfill their responsibilities under those contracts, and everyone goes about their business. Unfortunately, not all agreements end this way.
Perhaps you agreed to perform a service or provide goods to someone, but the other party failed to pay the agreed-upon price. You probably attempted to discuss the matter with the other party, but to no avail. Now, you wonder what your legal options are for resolving the matter. The best and fastest way to ascertain your options and your rights is to discuss the matter with a Massachusetts attorney with experience in business contracts. Depending on your circumstances, a graduated strategy may be the best way to resolve the matter.
You could begin with a demand letter outlining the issue, referencing the contract and demanding payment. If that does not work, you may look to the contract to recall whether mediation or arbitration were agreed upon in circumstances such as this. Even if it does not specifically reference these options, they may provide a less confrontational and contentious way to handle the issue if the other party agrees.
When the other party does not appear to want to resolve the matter outside of the courtroom, you still have the option of filing a lawsuit. The courts provide you with a number of optional relief methods regarding contracts such as injunctions, attachments and more, which could move the matter along more quickly than litigation alone. Ultimately, it will be necessary to review the situation in its entirety in order to determine the best course of action in your situation.
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