In an ideal world, your construction contracts would provide you with the protection needed to ensure a proper project timeline and appropriate and timely payment. But in reality, contract issues arise all the time. And if you don’t know how to adequately navigate them, then you and your business could end up in a difficult financial position where your reputation could be on the line. That’s why it’s crucial that you know how to handle whatever construction-related contract issues may be thrown your way.
This includes dealing with tortious interference. Here, a third-party acts in a way to intentionally undermine your contract with another party, thereby causing you financial harm. In some instances, tortious interference is easy to spot. But sometimes it’s difficult to identify and is instead misconstrued as aggressive competition. That’s why you need to know what you can do to prevent tortious interference and protect your rights when you’ve been unfairly undermined.
There are multiple steps you can take to reduce the risk of being affected by tortious interference. This includes:
- Drafting clear contractual terms: The terms in your agreement need to be crystal clear so that the other party is put on notice as far as their responsibilities and obligations are concerned. This can reduce the risk that the other contracting party will agree to act in a way that undermines your existing contract.
- Documenting communications: If you’re concerned about the possibility of tortious interference, then you should discuss it with the other party. When you do so, put it in writing so that you generate evidence of what was said and ultimately done. This could be enough to dissuade the other party from acting in a way that negatively impacts your contract.
- Monitor the competition: Most tortious interference is caused by competitors. By monitoring their practices, you might be able to head-off false or misleading information that would otherwise lead to interference with your contract.
What should you do if you suspect that you’ve been harmed by tortious interference?
If you think that you’ve already been wronged by tortious interference, then now is the time to take legal action. As you embark down this path, you’ll want to be sure to do the following:
- Gather evidence showing that the interfering party was aware of your contract. You may be able to show direct knowledge through written communication, or knowledge may be inferred from the circumstances.
- Be prepared to counter any of the legal justifications that the defendant might raise in your case, including that they were merely acting in a competitive manner.
- Demonstrate the extent of your damages, such as lost profits or increased expenditures.
- Prepare witness testimony and documentary evidence that demonstrates how your damages were caused by the defendant’s interference.
This is a high-level overview. It’s important to realize that there are several other steps you need to take to build a compelling tortious interference case. That’s why now is the time to get to work building your case.
Aggressively advocate to protect your interests
There’s a lot on the line when a contract you’ve worked hard to secure is interfered with in an intentional manner. If you want to protect your business’s reputation and your bottom line, then you need to act when you’ve been wronged. While that may seem daunting to do, it isn’t something that you have to navigate on your own. Instead, you can seek out assistance in developing an effective legal strategy that hopefully positions you for the outcome that you want.