There are many horror stories regarding relationships between in-laws. Despite this, there are many in-laws in North Carolina who have a wonderful relationship and actually go into business together. Unfortunately, a recent breach of contract lawsuit filed by Alex Rodriguez's former brother-in-law may be a warning against such business relationships, as they could potentially fall apart after a divorce.
Dish Network, the satellite television provider, continues to be involved in a series of disputes with cable and network television channels over the charges that Dish is willing to pay to continue showing the providers' channels. The business disputes have led to Dish blacking out several providers at different times this year. The latest controversy involves Dish blacking out the Fox News Channel for the past two weeks, which has impacted subscribers nationally and in North Carolina.
When a business in North Carolina is in a contractual relationship with a person or another business, it relies on getting a certain return from the transaction. The parties can memorialize the agreement by reducing it to a writing and sometimes will even state their expectation interests in the instrument. If there is a breach of contract, the non-breaching party may sue the breaching party for the particular remedy that seems most appropriate under the circumstances.
Nuclear engineering and power companies are as prone as others to become embroiled in extensive business disputes. In one recent case, two such companies went to trial over accusations of breach of contract and theft of proprietary information. The claims included the alleged failure to pay royalties under the disputed contract. The jury came in with a $16 million verdict against Babcock & Wilcox, a global firm with its home office in North Carolina, ordering the company to pay the royalties claimed by the plaintiff company.
Members of North Carolina's business community are most likely aware that a contract is a legally binding agreement between at least two parties. Each party agrees to provide some sort of consideration to the other. When one party believes the other has failed to adhere to the terms of the contract, that party is considered to be in breach of contract. At that point, the allegedly harmed party may file a lawsuit for monetary and/or non-monetary damages.
How does a major government agency sign a contract for $600,000 with a private contractor for a medical center that it knows will probably cost $1 billion? When it's the U.S. Department of Veterans Affairs that is involved, it may just be standard operating procedure. The Civilian Board of Contract Appeals just ruled that the VA is in material breach of contract to build a new VA hospital in one state, and it was learned that the VA has essentially created the same crisis in three other states. Contracts between private business entities and the government are a massive area of domestic economic activity, including in North Carolina.
For one reason or another, construction contracts in North Carolina and elsewhere often fail to be completed as written. During the course of an extended contract involving a substantial construction project, various disagreements can arise regarding the contract's intent. Breach of contract is thus a relatively common allegation that arises when two parties to a construction contract do not agree on some aspect of performance under the agreement.
When partners in a North Carolina business are in a dispute that leads to business litigation and is disruptive to the operation of the business, this often leads to a legal dissolution of the partnership. The dissolution may be formalized by court order; or, it may initially have occurred by the actions or omissions of the partners. Furthermore, where one partner has been wrongly "shut out" of the partnership, the court may order reimbursement to that partner for damages resulting from the breach of contract of the other partners.
There are some basic rules for a small business in North Carolina to follow in order to avoid business disputes and breach of contract actions. It's best to avoid litigation and business disputes generally, due to the time factor, the stress factor and the resources factor. All three areas are severely taxed when a dispute turns so sour that it must be litigated.
North Carolina and all other states see a good deal of litigation between the big auto makers and their retail dealers across the country. The problem has been exacerbated and particularly critical in the recent years with the economic downturn suffered by the auto makers in Detroit and even worldwide. General Motors has been involved in a great deal of business disputes and resulting litigation with its dealers.