Helena Commercial Law Attorney

Commercial Law Lawyer in Helena, MT

For business and organization owners, it can quickly become overwhelming trying to keep track of all the contracts within your company. You shouldn’t have to worry about the legal side of things while running a successful company. Hiring a trusted Helena commercial law attorney can help lessen the burden on your shoulders so you can focus on what matters most.

Why Clients Choose Delli Bovi, Martin, & Reed, LLC

The attorneys at Delli Bovi, Martin, & Reed, LLC, focus on helping clients navigate efficient and economical solutions to their legal troubles. Our team has over 40 years of combined legal experience. We’re proud to have solved over 1,000 cases throughout Montana. Regardless of the size of your case, we’re here to help.

How a Commercial Law Attorney Can Help

In Montana, the top small businesses in 2022 were construction, with 19,170 businesses; professional, scientific, and technical services, with 16,303 businesses; and real estate law, with 15,864 businesses.

Commercial law contract disputes in Helena happen when two or more businesses, or a business and an individual, disagree about the terms, performance, or enforcement of a contract. These disputes can arise for many reasons, such as:

• Late delivery of goods
• Failure to pay
• Unclear contract language
• Disagreements over responsibilities

As of 2022, there were 129,180 total small businesses in Montana. Our goal at Delli Bovi, Martin, & Reed, LLC, is to resolve legal matters in a way that minimizes disruption and financial loss to the business. These cases are typically overseen at the Lewis & Clark County District Court, located at 228 Broadway.

Montana Contract Laws

In Montana, anyone can make a contract except for minors, people who are not of sound mind, and people who have lost their civil rights. There are two types of contracts:

1. Express. An express contract is one where the terms are clearly stated in words, either spoken or written.
2. Implied. An implied contract is one where the existence and terms are shown through the actions or behavior of the parties rather than through spoken or written words.

The Importance of Consent in Contracts

Consent is considered mutual only if all parties agree on the same thing in the same way. In Montana, a person’s consent to a contract is not truly free if it is obtained through:

• Duress. Duress occurs when someone is unlawfully confined, when the property of a party or their close family member is unlawfully held, or when lawful confinement is obtained fraudulently or made unnecessarily harsh or oppressive.
• Menace. Menace is a threat of duress, a threat of unlawful and violent injury to a person or their property, or a threat to harm a person’s reputation.
• Mistake. This can happen when a person is unaware of or forgets an important fact about the contract, or when they believe something important to the contract exists when it does not, or that it once existed when it never did.

If consent is not given freely, the contract is not automatically void. However, it can be canceled by the parties involved. If a contract is voidable only because one party did not give proper consent at first, it can still become valid if that party later gives consent.

Oral Contract Laws in Montana

In Montana, contracts can generally be made orally unless a law specifically requires that a contract be in writing. Certain types of agreements must always be in writing to be valid. These include agreements that cannot be completed within a year, leases longer than one year, and agreements to buy or sell real estate or interests in real estate. If these agreements are not written, they cannot be used as evidence in court.

Once a contract is written, it overrides any prior or concurrent oral negotiations or promises about the same matter. A written contract takes effect when it is delivered to the party for whom it is made.

Hire a Commercial Law Attorney Today

When you work with the team at Delli Bovi, Martin, & Reed, LLC, you’re forming a lifelong connection. Our attorneys are happy to assist in the present-day legal matters of your company, as well as any complications that pop up years down the line.

FAQs

Q: What Is the Statute of Limitations for Opening a Contract Dispute Case in Montana?

A: In Montana, the statute of limitations for filing a case about a contract dispute depends on the type of agreement. You have eight years to open a case for written contracts. You have five years to file for oral contracts. These time limits begin when the problem or breach occurs.

Q: What Is Consideration in a Contract?

A: In Montana, a contract needs something called “consideration” to be valid. Consideration means that one person gets a benefit they aren’t legally entitled to, or they give up something in exchange for the other person’s promise. Legal or moral obligations, or losses already suffered, can also count, but only for what the obligation or loss is worth. Consideration can happen right away or be promised for the future.

Q: What Are Situations Where Contracts Can Be Revised?

A: An oral contract can be changed in any way if both parties agree in writing. A written contract can be changed either by another written agreement or by a completed oral agreement. If a written contract does not reflect what the parties truly intended because of fraud or a mistake, the court can revise it to match their actual intentions as long as it does not harm the rights of innocent third parties.

Q: What Types of Contracts Cannot Be Legally Enforced?

A: Montana law saw that a contract is void if fulfilling it is impossible, is unlawful, or conflicts with the nature of the contract’s interest. Any contract provision that tries to stop a party from enforcing its rights through ordinary legal proceedings or sets a strict time limit on enforcement is void. It’s important to hire a commercial law attorney to help make sure all of your company’s current and future contracts are legally sound.

Choose a Trusted Helena Law Firm

The team at Delli Bovi, Martin, & Reed, LLC, is ready to assist you in any way you need. We put our client’s needs and desires at the forefront when creating a legal strategy. Our firm represents business owners living in Helena and the surrounding Montana cities. Contact our office today to learn how we can help you.