The Law Office of Wesley Scott Jones, P.C.

contract disputes

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Business Litigation Matters

Business Litigation MattersWhen Wilmington attorney Wesley Scott Jones takes on a case, his goal is to handle the matter swiftly and effectively.  As a business and lawyer and litigator, Wesley appreciates that his clients want to get back to business, not spend their valuable time in a courtroom. Over the years, attorney Jones has represented both plaintiffs and defendants from large and small businesses, including family-owned businesses, Corporations, Limited Liability Companies, Sole Proprietors, and Franchises, both big and small in District Court, Superior Court, Federal Court and in Mediation.  Learn more about Business Litigation Services from Wesley Jones.

Whether the business owner is a new or experienced professional, the wide variety of issues that can escalate into a legal dispute is truly amazing.  That is why it makes sense to retain the services of a skilled litigator, just in case.  In recent years, Attorney Jones has represented clients throughout the courtrooms of southeastern North Carolina, in matters such as:

  • Account Collection
  • Breach of Contract
  • Breach of Corporate Duty
  • Business Judgment Rule
  • Contract Disputes
  • Collection of Past Due Accounts
  • Deceptive Trade Practices
  • Deceptive Business Practices
  • Debt Collection
  • Delinquent Accounts
  • False Statements
  • Franchisor-Franchisee Disputes
  • Fraud
  • Interference with Contracts or Business Relations
  • Judgment Recovery
  • Misappropriation of Trade Secrets
  • Misrepresentation
  • Negligent Misrepresentation
  • Nonpayment
  • Ownership Disputes
  • Partnership Disputes
  • Payment Disputes
  • Piercing the Corporate Veil
  • Torts
  • Unfair and Deceptive Trade Practices
  • Unfinished Work
  • Undelivered Goods

Most everyone going into a business or construction deal is usually hopeful and excited about the anticipated end result.  Ensure smooth sailing for your business and gain piece of mind with a little help from the Law Office of Wesley Scott Jones.  To learn more about the services his firm provides, please call lawyer Wesley Jones today at 910-256-5800 for a free consultation.

Wesley Jones is a Litigation Lawyer serving all of Southeastern North Carolina including  New Hanover County (e.g. Wilmington, Kure Beach, Wrightsville Beach, Carolina Beach and the areas of Ogden, Masonboro, Myrtle Grove, Landfall, and Mayfair), all of Pender County (e.g. Burgaw, Surf City, Hampstead and Topsail Beach) and all of Brunswick County (e.g. Bald Head Island, Bolivia, Calabash, Leland, Shallotte, Southport, Saint James, Ocean Isle, and Oak Island).

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Collection of Past Due Accounts

Collection of Past Due AccountsAs a business operator, one of the challenges is how to handle customers who fail to pay for goods or services in a timely manner. As most savvy business owners are aware, it is a common practice for outstanding invoices to go unpaid for up to three months. It has been determined through several studies that bills delinquent by 3 months are ultimately paid off by the customer on an average of 75 percent. However, receivables that go unpaid for 6 months or more are less likely to be paid up in full. When collecting on past-due accounts, time is of the essence.

With that in mind, Wilmington Business Attorney Wesley Scott Jones has a few suggestions for alleviating the hassles and stress that collecting on past-due accounts can cause.

  1. Give customers who pay their bills early an incentive, such as a small discount of 2 or 3 percent. For example, a 2 percent discount for a service that cost the customer $2500 would net them a $50 discount if they paid it off in 10 days rather than 30.
  2. Be aware that most people receive their tax refunds within 20 days after filing. That means many of your customers may have extra cash to settle up with you starting in May and early June.
  3. Establish a policy that charges extra when a bill remains unpaid after 30 days. Attorney Wes Jones can counsel you regarding the NC policies regarding usury statutes and federal regulations so you will not overstep any legal boundaries.
  4. Make courtesy calls to delinquent customers. This is not a threat tactic, but a simple check-in to make sure that they were happy with the goods or services and that there are no extenuating circumstances preventing them from paying.
  5. If it is obvious that the customer is simply trying to duck out of compensating you, appeal to their conscience. For example, you could gently remind them that you also have bills to pay and their failure to take care of this obligation is further complicating your financial situation.
  6. When all else fails, employ a third party to make a phone call or personal visit regarding the nonpayment. Ideally, this individual would be on the firm, no-nonsense side and remind the customer that legal action may be the next step.
  7. When these methods are unsuccessful, the next move should be in the form of a written request.

The carefully worded letter should open with an acknowledgement from you stating that you appreciate their business and hope that they have been pleased as a customer. Ask them to please excuse this request if payment has already been made. Then, gently explain that if no payment has been submitted, their account is past due. Be sure to include the amount and the date it was due. At this time ask if they plan and/or are able to pay the amount in full or would a partial payment be more suitable at this time? The logic here is to offer them a way to begin settling this issue in a more manageable way.

Next ask them to please notify you immediately if there is a reasonable explanation for their delinquency. Be sure to include all of your contact information, including a cell phone number and e-mail address. Then let them know that by a certain date, you will have no other choice than to turn the matter over to a collection attorney or take it to small claims court.

Reiterate to the customer that you deeply regret mentioning these choices, however, you feel that you have given them an ample amount of time to pay the invoice.

*Of course make copies of all the communications initiated by you and received by the customer, including e-mails and phone messages. From a legal standpoint, such hard copy documentation is valuable evidence.

If your company is having difficulties with past due accounts, why not meet with Attorney Wes Scott Jones? As an experienced business law attorney, Wes can discuss your concerns and guide you to the strategies that are right for your individual situation.

To contact the office of Wesley Scott Jones directly, please call 910-256-5800.

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Breach of Contract

ContractAlong with the goods and services a business provides to its customers, its success and reputation are also built on the strength of its contracts. In business, agreements can be verbal or in writing. Regardless of their format, each type should be honored.

When one or more of the parties involved does not honor a contractual binding agreement or arranged exchange, a breach of contract occurs. This also applies to situations when one party’s performance is met with interference or one party indicates to the other that the agreed-upon promise will not be fulfilled. One’s behavior and conduct can also be an indicator of their inability or unwillingness to honor the established agreement. Legal action may be the next step.

In breach of contract cases, Attorney Wesley Scott Jones believes investigating all of the mitigating circumstances involved in the dispute is key in arriving to a positive outcome for his clients. Based on his direct experience with contract law, Wes knows that simply denying wrongdoing is not enough. Jones is also keenly aware as a defense attorney who represents those in the construction and real estate industry, that taking quick action is vital in the development of a strong argument.

With questions concerning contractual dealings, there are an infinite number of situational factors that can come into play. A few typical examples are:

  • The contract contains terms that are unclear.
  • The agreement was supposed to have been in writing but all or portions of it, are not.
  • There are clerical errors in the contract that can impact its validity and outcome.
  • One party was coerced into signing the agreement, under circumstances such as intimidation or false information.
  • In order to fulfill the contract, illegal activity would have to occur.

In matters that concern business, construction, or real estate in the greater Wilmington area, Wes Jones has demonstrated extensive experience. If you are in danger of being charged with breach of contract, please call the office of Wesley Scott Jones at 910-256-5600.

Learn more about his practice and the other types of cases he handles here: wsjlaw.com/practice-areas-and-services

The office is located in Lumina Station, just before the Wrightsville Beach drawbridge. The address is 1904 Eastwood Avenue, Suite 30. To make an appointment or get more information on the services Attorney Wes Jones provides, please contact Wes Jones today.

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Defective Workmanship or Design

Construction BlueprintsAs builders in New Hanover County continue to see increased activity on the construction front, those in the industry can also expect to see more potential lawsuits alleging defective design and workmanship. Local attorney, Wes Jones is skilled in addressing this area of construction claim. Since 1994, Wes has represented Wilmington, NC clients in the construction and real estate business, including architects, developers, designers, general contractors, subcontractors, and material manufacturers.

In considering counsel by Attorney Jones, consider that he has extensive experience in working with insurers, multiple parties, individual homeowners, and community associations. Wes has handled numerous cases involving a variety of complex construction and design issues such as, infrastructure problems, defective building materials, water damage as a result of alleged construction or design defects, and mold concerns.

“If something can go wrong it probably will.”  With all of the steps and complex components required for even the most simple projects, it does seem that the aforementioned “Murphy’s Law” was written especially for those involved in the phases of construction and design. Of course no one in the business ever sets out to become the subject of a defective workmanship controversy. However, piece of mind is knowing that should you find yourself in such a situation, Attorney Wes Jones can help. Should problems arise, Jones urges any parties involved to first try and resolve the situation amicably on their own. If that does not work, dispute resolutions of this type are one of his specialties.

Upon choosing Wes for your dispute, he will evaluate your case and consider any and all viable strategies for resolving the matter to your satisfaction. Wes also works with HVAC installers, brick masons, electricians, and plumbers.  Learn more about his experience with Construction Law in Wilmington, NC.

If you would like to learn more, please contact the office of Wesley Scott Jones: 910-256-5800

 

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Business and Contract Dispute Attorney in Wilmington

Picture of a business man.Can you guess the answer to this question: “What is the most common type of business conflict between opposing parties that can often lead to courtroom litigation?” If you guessed contract disputes, you would be correct.

There are practically as many different types of contract disagreements as there are businesses. Seeking a resolution to these types of clashes can be exhausting and take its toll on your business through the stress, lost time, and expense of a potential lawsuit. With contract disputes, it is best to address them as quickly and efficiently as possible, because they can have a direct impact on your other business dealings. As a business owner, it is also extremely important to safeguard your legal rights. In many cases of contract conflicts, an experienced Business and Contract Dispute attorney can help resolve the matter without civil litigation.

In the Greater Wilmington area, business owners are discovering that for matters such as these, the law firm of Attorney Wesley Scott Jones is the one to contact. Whether the contract in question was created years ago or you’re considering drafting a new one, Wes can help. Because of his experience in this area of business law, he can work with you to ensure that your contracts are clear, thorough, and enforceable.

Wes knows that there are a number of contracts that can easily become a source of conflict among the parties who are subjected to them. A few common examples are business agreements involving customers or clients, distributors, vendors, suppliers, manufacturers, contractors and subcontractors, independent contractors, franchises, and licensing. Quarrels are also commonplace that pertain to service agreements, purchase or sale agreements, construction contracts, and government contracts.

When you contact the law firm of Wesley Scott Jones, please know that he is committed to settling such disputes in a fair and reasonable manner. As a Business and Contract Dispute Litigator, he can explain your legal rights and obligations and then guide you to the appropriate legitimate options. Follow this link to learn more about Business or Construction Contract Disputes. To contact the office of Wesley Scott Jones directly, please call 919-256-5800.

 

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Contract Disputes – Business or Construction

Contracts are an essential part of doing business. From setting up your company, forming partnerships, corporations, LLCs, establishing shareholders, hiring employees, and working with customers, contracts are a necessary component for protecting you, your business, and your assets.

Unfortunately, even contracts written with the utmost attention to detail can still come under dispute.  Working with an experienced attorney to handle the matters addressed in any contract dispute will be to your advantage.  Business and contract disputes can lead to different possible outcomes: trial litigation, arbitration, or mediation.  An experienced business lawyer will be able to analyze the circumstances and navigate your options to arrive at the best possible outcome for you.

The Law Office of Wesley Scott Jones in Wilmington, NC offers business and construction law services to handle business disputes on behalf of clients.  If you are currently involved in a contract dispute in the greater Wilmington NC area or want to make sure you’re protected in future possible disputes, contact Wes Jones to schedule a meeting and consultation: 910-256-5800

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Business Law Services
Business Litigation
Construction Law
Construction Law Litigation