By Attorney Chris Hayden 

Legal disputes can be stressful and time-consuming. If they are not solved within a reasonable time frame, they can cost a great deal of time and resources for you and/or your business. If you are a contractor who has a dispute with a subcontractor, you should speak to an attorney and understand your options for reaching a resolution. Your lawyer can help you determine whether civil litigation is an option in your case. 

Wisconsin’s Right to Cure Law

In 2005, Wisconsin established the Right to Cure Law (also known as the 2005 Wisconsin Act 201), which details the procedures followed when making claims against contractors or subcontractors. Under this law, a claim can be filed for construction defects involving the use of defective materials, violations of building codes, or failure to follow accepted standards for completing work. 

By Attorney Erin Strohbehn

A non-compete clause or agreement is a written contract between an employee and employer that restricts the employee from interacting with others in a way that would compete or interfere with their current employer. This type of contract serves an essential function in commercial life, lowering the risks of exposing a company’s professional secrets, client information, and other strategic tactics and business moves. Although a company cannot force an employee to sign a non-compete clause, an employer may dismiss or choose not to hire a person who declines to sign. When disputes over non-compete agreements arise, commercial litigation may be necessary.

Non-Compete Clause Requirements and Limitations

Typically, non-compete clauses must state the reason for the agreement, be effective on a certain date and for a limited period of time, and list a specific geographic area where they will apply. Some include a non-solicitation clause that restricts an employee from soliciting other employees of the company and imposes penalties if the non-compete clause is broken. Non-compete clauses cannot impose restrictions that would affect a person’s ability to earn a living, and they cannot disallow an individual from gaining employment. The terms of these contracts must be fair, just, and reasonable.

By Attorney Jaclyn Kallie

While most people who go into business with a partner take care to select ones who have similar goals, inevitably, there will be disagreements from time to time. Often, these issues can be solved through honest, open communication. However, sometimes a dispute can turn severe and ugly very quickly, which is when an experienced commercial litigation attorney can help. How a business is set up can also come into play.

Talking the Issues Out

First and foremost, successful business partnerships are based on the ability to communicate, at no time is this more important then when there is a disagreement between partners. Discussing these issues may demand a certain amount of diplomacy—and perhaps compromise—on both sides, but the outcome of maintaining the partnership and getting the business back on track can be worth it.

By Attorney Jaclyn Kallie

There are three ways a contract can be breached, warranting a civil lawsuit in Wisconsin. These are:

• Failing to perform a task specified in the contract.
• Making it impossible for the other party to perform a task stipulated in the contract.
• Communicating an intent to not perform a task in the contract.

While these three criteria may seem clear cut, proving that one or more of them has been met is not always so easy.

By Attorney Jaclyn Kallie

Litigation refers to the activities and procedures of filing and prosecuting a court case. In civil cases, litigation involves a plaintiff seeking redress (compensation) from a defendant. A business can be included in all kinds of commercial litigation, but due to the cost of civil litigation, many businesses instead opt for mediation or arbitration. Business owners are understandably reluctant to engage in costly and possibly brand-damaging legal cases. However, there are instances where civil litigation is unavoidable. The decision to pursue litigation should always be made with the help of a knowledgeable attorney, and a business owner should consider all the relevant factors present in their potential case.

1. Is it Worth The Cost?

Any good business owner spends their money wisely. Litigation can be costly and time-consuming. A plaintiff may spend years in court pursuing a lawsuit, and much of an award resulting from a favorable verdict or settlement may go towards court costs, defeating the purpose of their claim. In other cases, a business that is a defendant might eventually win the case but have their ability to do business harmed due to a loss in reputation. In such circumstances, mediation or negotiation may be preferential.