Seeing Through The Trees: The Contours Of A Business Dispute

Seeing Through The Trees: The Contours Of A Business Dispute

Any number of subjects can lead to disputes between contracting parties.

Even trees.

In a federal lawsuit pitting an Oregon-based company against an Arizona business, trees — lots of trees — are the focal matter in litigation that features reciprocal finger pointing and claims of contract breach.

The discord between Campbell Global and Good Earth Power AZ centrally involves a dense and notably large tract of trees in northern Arizona. Good Earth was hired pursuant to a federal project focused upon thinning out those trees. Given that the project involves hundreds of thousands of acres, the Arizona company brought in Campbell Global — a timber manager — to assist on the project.

Nearly two years after their collaboration began, many of the trees slated to be taken down are still standing. Conversely, it is the business relationship between Campbell Global and Good Earth that has collapsed.

And, yes, fingers are wagging. The timber managing firm alleges in a law suit filed last month that Good Earth has committed contract breach by failing to make timely and sufficient payments agreed to by the two companies.

Good Earth offers up a different “why things went wrong” interpretation. It quickly followed up Campbell Global’s complaint with a counterclaim of its own, alleging that the Oregon company should be barred from receiving the money, owing to numerous contractual failures that served to undercut Good Earth’s performance. The Arizona firm states that it will now assume the work that Campbell Global was unsatisfactorily performing.

It is of course difficult to say how — indeed, if at all — things might have turned out differently had the two business entities reached a more adequate and comprehensive understanding regarding their respective contractual performance prior to commencing their business relationship.

A proven business and commercial law attorney could conceivably have contributed materially to an enhanced contractual understanding at the early — and vitally important — stages of negotiation and contract drafting.

As it turns out, legal input will now be required at a later and far more acrimonious phase of a business relationship that has soured.

Source: azdailysun.com, “Timber manager, contractor embroiled in legal dispute” Associated Press, Oct. 25, 2015

Call Cook & Price, PLC today at 480-407-4440 or email us through this website.

2017-09-28T05:42:43+00:00 October 30th, 2015|Categories: Business Litigation|Tags: |

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