Common Types of Business Disputes We Handle
- Contract disputes arising from breaches of service agreements, delivery contracts, promissory notes, buy-sell agreements, and employment and consulting contracts.
- Non-compete and restrictive covenant disputes involving the enforcement or defense of non-compete agreements, non-solicitation clauses, and trade secret protections.
- Partnership and shareholder disputes between business co-owners concerning profit distributions, management authority, fiduciary duties, and business dissolution under the South Carolina Business Corporation Act.
- Commercial lease disputes between landlords and tenants concerning lease terms, rent obligations, property conditions, and lease termination.
- Fraud and misrepresentation claims arising from deceptive business practices, misleading representations in commercial transactions, and fraudulent inducement into contracts.
- Unfair trade practices under South Carolina’s Unfair Trade Practices Act, including deceptive business conduct and unlawful competitive practices.
- Interference with contractual relations, which occurs when a third party intentionally disrupts an existing business relationship or contract.
- Real estate, mortgage, and commercial lending disputes involving commercial property transactions, loan agreements, and mortgage fraud.
- Construction litigation includes disputes over construction contracts, project delays, defective work, and payment obligations.
Experienced Business and Commercial Litigation Services in Charleston, SC
- Pre-litigation assessment and strategy.
- Negotiation and demand letters.
- Alternative dispute resolution.
- We also provide commercial litigation and trial representation.
- We defend commercial claims.
Do You Need a Business Litigation Attorney in Charleston?
- Another party has breached a contract and failed to perform or pay as agreed.
- A business partner or co-owner is acting against the company’s interests.
- A non-compete or confidentiality agreement has been violated.
- A commercial tenant or landlord has failed to meet their lease obligations.
- You have been accused of fraud, misrepresentation, or unfair trade practices.
- A competitor is engaging in unlawful conduct that is damaging your business.
How Business Litigation Cases Are Resolved
- The most common outcome is a negotiated settlement. Most commercial disputes are resolved through direct negotiation between the parties and their attorneys before or during the litigation process.
- Mediation involves a neutral third party who helps both sides reach a voluntary resolution. Commercial mediations follow rules established by the South Carolina Supreme Court Commission on Alternative Dispute Resolution to maintain confidentiality.
- Arbitration is a private adjudication process that produces a binding decision. Commercial contracts often include arbitration clauses that require disputes to be resolved outside of court.
- Litigation and trial become necessary when the other party refuses to negotiate in good faith or when the stakes require a court ruling.
What Damages Can You Recover in Business Litigation?
- Compensatory damages reimburse the injured party for actual financial losses, including lost profits, unpaid amounts owed under a contract, breach-related costs, and other direct economic harm.
- Consequential damages address losses that stem from the breach but are not the direct monetary value of the contract itself. Examples include lost business opportunities and financial harm caused by the other party’s failure.
- Specific performance is a remedy available in some contract cases where monetary damages are insufficient. It requires the breaching party to fulfill their contractual obligations.
- Injunctive relief may be available to stop ongoing harmful conduct, such as a competitor violating a non-compete agreement or continuing to engage in unfair trade practices.
- Punitive damages may be available in cases of fraud or intentional misconduct under South Carolina law if the defendant’s conduct was particularly egregious.
- Attorney fees and costs may be recoverable in certain types of commercial claims, including those involving unfair trade practices under South Carolina’s Unfair Trade Practices Act.
Contact a Charleston Business Litigation Attorney Today
Are you involved in a business dispute in Charleston or anywhere in South Carolina? Hughey Law Firm is ready to evaluate your situation and advise you on the best way to resolve it. We represent plaintiffs and defendants in commercial and business disputes, offering flexible fee arrangements including contingency, flat fee, and hourly billing options, depending on the nature of the case.
We offer free initial consultations and are available for evening and weekend appointments. From our Mount Pleasant office, we represent clients throughout the Charleston metropolitan area and across South Carolina.
Call (843) 881-8644 for a free consultation, fill out our contact form, or use live chat to speak with our team now. We represent families throughout Charleston, the Lowcountry, and across South Carolina.
Disclaimer: The information on this page is for informational purposes only and does not constitute legal advice. Every case is different. Past results do not guarantee future outcomes. Hiring a lawyer is an important decision that should not be based solely on advertisements. Ask us to send you free written information about our qualifications and experience before you decide. The Hughey Law Firm is located in Charleston, South Carolina.
Frequently Asked Questions
What happens if the other party refuses to honor a contract?
You have the right to pursue legal action for breach of contract and seek compensatory damages for your losses, as well as specific performance, which would require the other party to fulfill their obligations. An attorney can evaluate your case and recommend the best course of action.
How are commercial lease disputes legally resolved?
They are resolved through the terms of the lease agreement, applicable South Carolina landlord-tenant law, and negotiation or litigation when the parties cannot agree. Common issues include unpaid rent, lease termination, property condition obligations, and lease interpretation disputes.
What are unfair trade practice claims?
According to South Carolina’s Unfair Trade Practices Act, deceptive and unlawful business practices that harm competition or consumers are prohibited. Successful claimants may recover actual damages and, in some cases, treble damages and attorney fees.
Can I sue for fraud or misrepresentation in a business deal?
Yes. According to South Carolina law, a party can file a claim for fraud or misrepresentation if another party made a false statement of fact, knew it was false, intended for the other party to rely on it, and the other party suffered harm as a result. These claims can support both compensatory and punitive damages.
What is the difference between negotiation and litigation in business cases?
Negotiation involves direct resolution between the parties and their attorneys without court involvement. Litigation involves filing a formal lawsuit and proceeding through the court system. Most disputes begin with negotiation and only escalate to litigation when attempts at a good-faith resolution fail.
What should you do if another business breaches your contract?
Document the breach in writing and preserve all relevant communications and records. Avoid making informal agreements that could complicate your legal position. Contact a business litigation attorney before taking further action or responding to the other party.
How are partnership and shareholder disputes resolved?
They are usually resolved through negotiation, mediation, or litigation, depending on the severity of the conflict and the terms of the governing partnership or shareholder agreement. In some cases, courts may order the dissolution of the business or the buyout of one party’s interest.
What constitutes a breach of contract in a business dispute?
A breach of contract occurs when one party fails to fulfill their obligations under a legally binding agreement without valid legal justification. Examples include failure to pay, failure to deliver goods or services, and failure to meet agreed-upon deadlines or quality standards.
Can business disputes be resolved without going to court?
Yes. Most business disputes are resolved through negotiated settlements, mediations, or arbitrations before reaching trial. The most effective way to position a dispute for efficient resolution without litigation is through early legal involvement.