Blog/News

Types of Contract Disputes: 7 Common Issues and How to Avoid Them

Posted by Darrell P. White | Apr 15, 2025 | 0 Comments

Have you ever signed a contract, only to later find yourself caught in a disagreement? You're not alone. Contract disputes are a common issue across industries and business settings.

attorneys reviewing contract dispute

Whether it's a straightforward agreement or a complex, multi-party deal, understanding the different types of contract disputes is essential. This insight can help individuals and businesses anticipate challenges, reduce legal risks, and keep operations running smoothly.

Table of Contents:

Understanding Contract Disputes

Contract disputes occur when parties involved have different interpretations of a contract's terms. Contract law varies depending on the situation.

These disagreements can be minor misunderstandings or major conflicts. Disputes affect individuals, small businesses, large corporations, and even government entities.

The root cause of many conflicts can be a simple misinterpretation, a failure to meet contract terms, or changes in external circumstances. Market changes, sudden global situations like pandemics, or significant changes in regulations are beyond any single party's control.

Breach of Contract: The Heart of the Matter

Many people first think of breach of contract as a common form of dispute. It occurs when someone doesn't fulfill their promised obligations.

This could involve a payment not made on time, a missed delivery, or issues with quality. Breaches address the fundamental promises of an agreement.

A contract should clearly outline what happens if there's a breach.

Decoding the Fine Print: Interpretation Issues

Legal language can be challenging for the average person to interpret, which often leads to disagreements during contract reviews. Misunderstandings over the terms can quickly escalate into serious legal disputes. At the heart of these conflicts lies a fundamental question: What was the intended meaning of the binding agreement both parties signed?

Resolving these issues often requires clarity and sometimes a neutral, third-party perspective. Individuals and businesses may turn to professional mediators or seek resolution through the courts.

That's why it's beneficial to have experts review contracts and advise on other critical business decisions.

When Actions Speak Louder Than Words: Non-Performance

It seems straightforward when individuals sign contracts agreeing to contractual obligations. The terms might seem clear, yet a party may simply fail to perform their duties.

Non-performance occurs, sometimes without a valid legal reason. Non-performance can affect contracts with short-term deadlines or even those with commitments spanning years.

Businesses can experience significant losses due to missed deadlines and other non-performance issues, leading them to seek remedies. Often, courts may award specific damages for a contract violation.

Money Talks: Payment Disputes

Financial disagreements are a significant source of conflict. When agreed-upon payments aren't made, business relationships can deteriorate, and payment disputes arise.

This is common in service, vendor, and construction contracts. However, disputes over money can occur in any type of business.

When Reality Shifts: Dealing with Modifications

Even the most well-drafted, legally binding agreements can face challenges as circumstances evolve. It's not uncommon for parties to seek modifications to the terms when situations change.

The modifications may involve only some, but not all, of the parties who signed the original deal. This can create potential issues if others want new changes to an existing agreement.

Having all business partners agree on these details is essential when adjusting the legal obligations everyone initially signed.

Delivering the Goods (or Not): Missed Deadlines

Many businesses rely on strict deadlines, whether for delivering physical goods or completing professional services within a specified timeframe.

When these expectations aren't met, it can lead to financial losses—and potentially legal action. In some cases, resolving a missed deadline may require court intervention and a formal settlement for breach of contract.

Breaking Up Is Hard to Do: Termination Disputes

One partner might believe they have the power to terminate an agreement. This can lead to potential standoffs or disagreements in business litigation.

Issues often involve proper notifications. Disputes may lead to discussions about potential penalty fees or other situations related to ending the terms and obligations.

It's beneficial for everyone involved to understand these expectations upfront. Clear outlines can minimize issues during the termination of terms and binding contracts.

Real Estate Conflicts: Disputes over property issues

Common issues in real estate disputes range from the boundaries of owned and occupied land to the promises made before the transfer of ownership.

A prime example in real estate litigation is the failure to disclose crucial information about a property.

Conflicts also arise from broken lease agreements. Sometimes, disputes involve failures to properly complete a property sales process. 

Non-Compete Clause Issues: Competing, After Employment Ends

These types of disputes often involve professionals who were bound by long-term employment agreements. When such individuals leave their positions, former employers may challenge certain post-employment actions—such as immediately taking on clients the employer previously served.

These issues can arise in the same industry or a closely related field, and are common among professionals as well as skilled tradespeople who agree to restrictive terms.

Both the employer's and the employee's legal teams should be prepared to address these matters proactively. The goal is to reduce the risk of future disputes by clarifying rights and obligations before conflicts arise.

Sale of Goods, Disagreements Over the Sale

Contracts for the production and delivery of physical goods—commonly known as Sale of Goods agreements—typically allow more flexibility in defining terms compared to commercial real estate transactions. When a buyer expects goods to meet specific standards or delivery requirements, the contract should clearly outline those obligations.

Merchants responsible for receiving and fulfilling orders need well-defined expectations. Without them, deliveries can be delayed, incomplete, or result in substandard products that fail to meet the buyer's needs.

Establishing clarity before signing—especially regarding payment terms and performance expectations—can significantly reduce the risk of misunderstandings and future disputes.

Keeping Company Secrets: Non-Disclosure Agreements

Non-Disclosure Agreements (NDAs) often come into focus when something goes wrong. Businesses typically require individuals to sign NDAs to safeguard sensitive information from competitors or unauthorized parties. These agreements are designed to prevent the misuse or disclosure of confidential data, and they usually include strict penalties for any violations.

Tortious Interference

This occurs when an individual outside of a signed agreement attempts to influence its terms, leading to potential legal action.

It goes beyond what the parties of the business document initially agreed to.

Examples range from individuals or entities enticing away vendors already under contract. Damages resulting from this interference can lead to legal consequences.

Construction Issues: Disputes on construction projects

Construction workers operate in inherently hazardous environments while working to meet the expectations of those commissioning new projects. Disputes in this field often go beyond simply completing a structure—they can involve complex construction claims affecting all parties involved.

Construction projects require diligent oversight. Managing risk in high-pressure, physically demanding conditions is essential. Construction defect claims may arise from injuries, property damage, or failures to meet the terms outlined in a contract.

These disputes can carry serious financial consequences, potentially reducing profits, increasing project costs, and delaying completion timelines.

Employment Issues: Discrimination, Unfair or Wrongful terminations, etc.

Employers and employees alike benefit from clear legal frameworks and procedures. Workplace practices must comply with state and federal regulations—covering everything from hiring and team management to maintaining fair, non-discriminatory work environments and preventing unlawful termination.

When these standards are violated, employees may pursue legal action, filing claims against current or former employers. Such disputes can expose businesses to substantial financial liability and reputational harm.

These issues often begin with employees reviewing the terms of their contracts, identifying potential violations, and taking steps to assert their legal rights through formal claims or litigation.

Best Way to Move Through and Address These Disputes?

Contract disputes are best resolved through careful, strategic approaches. The key is preparation—anticipating potential disagreements and having a plan in place to address them effectively.

Professional Lawyers

Legal guidance is essential when navigating complex business litigation involving contracts. Disputes over agreements and other commercial matters can pose serious challenges for companies.

Working with an attorney who specializes in business law ensures that you receive knowledgeable, strategic support. An experienced breach of contract lawyer can provide the insight needed to protect your interests and effectively resolve conflicts.

Get Clarity With Clear, Well-drafted Contract Agreements

Well-drafted, legally sound contracts aim to make the obligations clear to all parties involved. Contract writing should be straightforward, using precise legal terms to ensure everyone agrees on the interpretations before disputes arise.

When a disagreement occurs, attempting mediation can help maintain open communication for potential resolutions. Contracts should include provisions that define the available legal options for all parties with an interest in the outcome.

Understand the Various Types of Contracts.

Contracts come in many forms and classifications, so having a clear understanding of their structure and purpose is highly beneficial.

Contracts can vary, from employment law agreements with a single employee to large projects involving multiple types of contracts in commercial operations. A solid understanding of these different agreements is increasingly helpful for ongoing business operations.

Contract Types Purposes of Contracts
  • Fixed-Price Agreement.
  • Cost-Plus Agreement

In agreements involving products, goods, or sales-based obligations with associated costs, contract parties typically define payments either as a fixed cost or by specifying terms for additional expenses beyond pre-agreed figures. It provides a clear, direct understanding of the core agreement. This process also sets terms for potential unexpected or unknown costs at the outset.

  • Time & Materials Agreement.
  • Unit Price Agreement.

Here, payments are outlined based on the actual time required for a task, along with material fees tied to the work. Some contracts specify these payments on agreed-upon, individual increments for fulfilling duties, with a predetermined fee linked to this measurement.

  • Bi-lateral.
  • Unilateral.

A bi-lateral agreement is a common arrangement involving multiple partners with agreed-upon expectations. This is the standard for many formal commercial agreements. But not all contracts are that simple or involve obligations among all parties. A unilateral contract doesn't involve a reciprocal promise between several partners. Here, a single party accepts the contract by performing the requested task.

  • Implied Contracts.
  • Express Contract.
  • Simple Contract
  • Formal Contract

Here we have the "understood," the clearly written, the single-page documents, and long, often legally-reviewed agreements. Some courts may determine that an agreement was intended based on actions taken, and in the case of an implied contract, this intention and assumed business factors make it "legally binding," even without specifically written or spoken terms.

  • Unconscionable Agreements.
  • Adhesion.

With Adhesion contracts, you're essentially presented with a "take it or leave it" offer. Beyond that, there are agreements with such poor or one-sided terms that they are very unfair to the receiving party. Courts may accuse one party of attempting to enforce an unfair situation with outrageous terms.

  • Aleatory.

This means that a factor remains uncertain or unknown to all parties when the contract becomes legally operational. For example, people typically purchase insurance without knowing if the insured event will occur. Individuals pay for insurance because there's a risk, and something *might* happen within a certain timeframe. People understand the uncertainty but sign on for coverage.

Conclusion

As discussed, contract disputes can arise in a wide range of situations, touching nearly every aspect of operating a professional business. To avoid costly and time-consuming legal battles, businesses should take proactive steps to minimize the risk of breaching signed agreements.

Having knowledgeable attorneys on your side is invaluable. Experienced legal counsel can help you develop practical strategies for meeting contractual obligations and protecting your interests. It's wise to consult an attorney not only when disputes arise, but also before entering or reviewing any contract—ensuring you're informed and prepared at every step.

About the Author

Darrell P. White

Darrell P. White is a business trial lawyer specializing in complex business disputes across a myriad of industries and a partner at Kimura London & White LLP. His clients include large corporations and institutions generating billions in revenue annually, multinational corporations, and entrepreneurs.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Irvine Office

17631 Fitch, Irvine,
CA 92614
Google Maps

Beverly Hills Office

9171 Wilshire Blvd, Suite 500,
Beverly Hills, CA 90210
Google Maps

Menu