Practice Areas
Business & Contracts
Bery Law assists individuals and businesses with drafting, reviewing, and negotiating agreements, as well as resolving contract and business disputes through negotiation or litigation. The focus is on clear terms, practical advice, and thoughtful solutions tailored to each client’s goals.
Contracts shape business relationships long before a dispute ever arises. Clear terms can reduce uncertainty, define expectations, and give the parties a framework for addressing problems if things do not go as planned. When a disagreement does develop, understanding the agreement—and the practical realities surrounding it—is often the starting point for determining what comes next.
Bery Law assists individuals and businesses with contract drafting, review, and negotiation, as well as business and contract disputes from pre-suit negotiations through litigation.
Contract Drafting & Review
A contract should reflect the actual relationship between the parties, not simply fill space with standard language. Whether an agreement is being created from scratch or presented for review, we help clients understand what the document requires, identify potential concerns, and develop terms suited to the transaction or relationship at issue.
Bery Law assists with matters including:
- Service agreements
- Consulting agreements
- Independent contractor agreements
- Master service agreements and statements of work
- Business-to-business agreements
- Amendments and modifications to existing agreements
Contract Disputes
Even carefully drafted agreements can lead to disputes over what was promised, whether the parties performed, or what happens when the relationship ends.
We represent clients in matters involving:
- Breach of contract
- Nonpayment
- Failure to perform contractual obligations
- Disputes over the meaning or scope of contract terms
- Termination of agreements
- Damages resulting from a breach
- Enforcement of contractual rights and obligations
Business Disputes
Not every business dispute turns on a single contract provision. Disagreements may arise from ongoing business relationships, payment or performance issues, competing expectations, or the breakdown of a professional relationship.
Bery Law represents individuals and businesses in disputes arising from business-to-business relationships, service and consulting arrangements, payment and performance obligations, and other ongoing business arrangements.
We work with clients to understand both the legal issues and the practical consequences of the dispute, including whether preserving the relationship remains important or whether the focus has shifted to ending it and resolving outstanding claims.
Pre-Suit Demands & Negotiation
Litigation is not always the first—or most efficient—step in resolving a business dispute. In appropriate cases, a carefully developed demand, response, or negotiation strategy can clarify the issues and create an opportunity for resolution before a lawsuit is filed.
Bery Law assists clients with evaluating potential claims and defenses, preparing and responding to demand letters, negotiating disputed obligations, and assessing whether litigation is warranted when informal efforts do not resolve the matter.
Our Approach to Business & Contract Matters
Business and contract matters often require balancing legal rights with practical considerations, including the value of the dispute, the cost of litigation, and the importance of an ongoing relationship. Whether we are drafting an agreement, negotiating a dispute, or litigating in court, we focus on the client’s goals, the risks involved, and the most effective path forward.
Questions
Questions about business and contracts
How long do I have to bring a breach of contract claim in Tennessee?
The general limitation period for a written contract is six years from the breach, but shorter periods apply to certain claims, and some contracts set their own deadlines. Because the clock usually runs from the breach rather than from when you discovered the loss, it is worth confirming the deadline early.
Is a verbal agreement enforceable?
Often, yes. Tennessee enforces many oral agreements, though certain contracts, including most involving the sale of land, must be in writing. The practical difficulty with an oral agreement is proving its terms, which is why contemporaneous messages, invoices, and conduct between the parties matter so much.
What can I actually recover?
Most commonly, compensatory damages, which are intended to put you in the position performance would have. Depending on the contract and the circumstances, other remedies may be available, including specific performance, restitution, or the recovery of attorney's fees where the agreement or a statute provides for them.
Should I send a demand letter before suing?
Frequently, yes. A well-prepared demand clarifies the claim, creates a record, and often produces a resolution without the cost of litigation. It also signals that the other side is dealing with someone prepared to file. Whether to send one, and what it should say, depends on the leverage and the relationship.
Can you review a contract before I sign it?
Yes. Reviewing an agreement before signature is usually far less expensive than litigating it afterwards. That work includes explaining what the document actually requires, identifying the provisions that create risk, and proposing revisions suited to the transaction.
Talk with us about your business or contracts matter
Contact Bery Law to discuss your situation and learn more about how we may be able to help.