Contract and UCC Claims

Almost all businesses have contracts with important business constituents, including customers, suppliers and distributors. For businesses involved in the sale of goods, the Uniform Commercial Code (UCC) is the overarching legal framework. Bingham McHale’s litigators are knowledgeable and experienced in navigating and litigating the complicated worlds of commercial contracts and UCC issues.

Specifically, Bingham McHale has been involved in significant litigation regarding commercial contracts including contract enforcement, contract interpretation, contract termination and repudiation, requirements contracts, distributor and supply agreements, express and implied warranties and implied and quasi-contracts. In addition to substantive contract claims, we are experienced in seeking unique legal and equitable remedies particularized to a client’s needs, including equitable relief, specific performance as well as compensatory and consequential damages. When allowed by the contract or statute, we seek our client’s fees and costs of litigation.

Many contracts contain alternative dispute resolution clauses, limiting a client’s procedural remedies to conciliation, mediation or arbitration. Bingham McHale litigators seek out the most efficient and effective dispute resolution forum. Several Bingham McHale litigators are also certified civil mediators and are experienced in arbitrating before the American Arbitration Association and under the Commercial Arbitration Rules of the American Bar Association.

Because of their litigation experience, Bingham McHale litigators are also helpful in litigation avoidance and reducing litigation risk. A review of draft contracts can often identify issues that need to be addressed before litigation ensues. Additionally, if a contract dispute is on the horizon, a prompt review and discussion of dispute resolution options can often mitigate the expense and disruption of litigation.

<< Previous Page