Facing a Business or Contract Dispute in Massachusetts? Start Here

Most business disputes do not start in a courtroom. They start with an unpaid invoice, a contractor who walked off the job, a partner who is no longer pulling their weight, or a supplier who delivered something other than what was promised. What you do in the first days, before anyone files anything, often shapes how the whole matter ends.

1. Read the contract again, carefully

Begin with the document that governs the relationship. Look for the clauses that decide everything else: the scope of work, payment terms, deadlines, termination rights, and any provision requiring notice, mediation, or arbitration before a lawsuit. Many contracts also specify which state’s law applies and where disputes must be brought. These details determine your options, so know them before you act.

2. Preserve the record

Stop deleting. Gather the contract, every amendment, invoices, emails, text messages, and notes of phone calls. In a dispute, the contemporaneous record usually matters more than anyone’s later memory. If the other side senses you have organized, dated evidence, the conversation changes.

3. Send a clear, measured demand

Often the most effective first step is a written demand that states the problem, what you are owed or expect, and a reasonable deadline to make it right. A measured letter resolves many disputes without litigation. It also creates a record that you tried to resolve the matter, which courts and opposing counsel notice.

4. Don’t wait

Every kind of business claim comes with a filing deadline, and many contracts shorten them further. The right deadline and the right theory depend on the facts, so it is worth confirming early.

5. Weigh the cost of the fight against the value of the claim

Litigation is a tool, not a reflex. Sometimes the right move is a lawsuit. Often it is a negotiated resolution, mediation, or a structured payment that recovers most of the value without years of expense. A clear-eyed look at what the claim is worth, and what it will cost to pursue, is part of the first conversation, not an afterthought.

When to bring in a lawyer

If the amount at stake is significant, if a deadline may be approaching, or if the other side has already involved a lawyer, get advice early. A short conversation at the outset can protect leverage that is hard to recover once positions harden or a deadline passes.