Absent Ambiguity, Plain Meaning of Contract Language Controls By: Michael E. Stearns, Esq., Stearns, Roberts & Guttentag, LLC The best contracts clearly and unambiguously spell out the rights and responsibilities of the parties. Where contract language is susceptible of more than one interpretation, however, courts are charged with the responsibility of determining the intent of the parties. Where language is not ambiguous, courts generally will not go beyond the language of the contract itself to determine the meaning of the contract language. Where language is found to be ambiguous, however, courts allow evidence outside of the contract called “parol” evidence

By: Michael E. Stearns, Esq., Stearns, Roberts & Guttentag, LLC Arbitration is an alternative to litigation in the court system. There are two sides to the arbitration v. litigation debate and there are pros and cons to both forms of dispute resolution. Arbitration can be a quicker and cheaper process though this is less the case in large complex disputes. Litigation allows for more thorough fact discovery and for review of a court’s decision (by appeal) which is severely limited in arbitration. Arbitration can offer the benefit of having the person who decides your dispute be a person with knowledge

By: Michael E. Stearns, Esq., Stearns, Roberts & Guttentag, LLC Most subcontractors have had the unfortunate experience of being on the wrong side of a “take it or leave it” offer from a contractor regarding the form of a subcontract. The reality of the construction industry is that contractors often hold the cards and subcontractors may have little bargaining power at contract inception. “Sign my contract or I’ll find another plumber, electrician, mason, etc.” is a familiar refrain. While it is always best to attempt to negotiate unfavorable contract language, the fact is that sometimes the other party won’t budge

By: Michael E. Stearns, Esq., Stearns, Roberts & Guttentag, LLC Unsatisfied parties to a contract most often bring claims for breach of contact. In certain limited circumstances, a claim for fraud may also be available to the aggrieved party. There are many reasons why a dissatisfied party to a contract may wish to bring a fraud claim in addition to a breach of contract claim. For one thing, where fraud is proven a party can be entitled to “punitive” damages in addition to its breach of contract damages. Punitive damages are damages intended to punish the wrongdoer rather than just