Overview
The Law Offices of Robert Warwick provides a full range of contract services under California
law, from drafting and negotiation through interpretation, enforcement, and litigation.
Contracts are the foundation of every business relationship and many personal arrangements,
and disputes frequently arise not because parties acted in bad faith, but because the contract
was silent, ambiguous, or poorly drafted.
Our work is organized around two goals: creating agreements that accomplish the client's
business objective while minimizing litigation exposure, and, where disputes do arise, enforcing
the agreement efficiently and on favorable terms.
Who We Represent
The firm represents individuals, closely held businesses, contractors, service providers, property
owners, and investors in matters including goods and services contracts, independent
contractor agreements, commercial leases, purchase and sale agreements, construction
contracts, settlement agreements, and confidentiality and restrictive covenant agreements.
Services We Provide
Transactional services include contract drafting, redlining and negotiation, review of
counterparty-generated forms, and preparation of standard-form templates for repeat
transactions. The firm also prepares and negotiates amendments, assignments, and termination
agreements.
Dispute services include pre-litigation demand, breach of contract litigation under Code of Civil
Procedure and common law, specific performance actions, rescission, reformation, and
contractual indemnity and attorney fee recovery. The firm aggressively enforces prevailing-party
attorney fee clauses where available under Civil Code section 1717.
Our Approach
The firm writes contracts to be read in two circumstances: on the day of signing and on the day
of dispute. That dual perspective produces clearer drafting, more robust dispute resolution
clauses, and fewer surprises. Our fee structure on transactional work is frequently flat-fee, so
the client knows the cost before the engagement begins.
Frequently Asked Questions
Does a contract have to be in writing to be enforceable in California?
Not always. Many oral contracts are enforceable. However, the Statute of Frauds, codified at
Civil Code section 1624, requires certain agreements, including agreements for the sale of real
property, leases longer than one year, and agreements that cannot be performed within one
year, to be in writing.
What is the deadline to sue for breach of contract?
Written contract claims must generally be filed within four years under Code of Civil Procedure
section 337. Oral contract claims must be filed within two years under section 339. Contractual
limitations clauses may shorten these periods.
Can I recover attorney fees in a contract dispute?
Attorney fees are recoverable where the contract contains an attorney fee clause. Under Civil
Code section 1717, such clauses are applied reciprocally to whichever party prevails.
Can I get out of a signed contract?
Possibly. Depending on facts, available doctrines include fraud in the inducement, mutual
mistake, unconscionability, failure of consideration, impossibility, and rescission under Civil
Code sections 1688 through 1693.
Whether you need a contract drafted, reviewed, or enforced, contact The Law Offices of Robert Warwick to discuss your contract needs and obtain a fixed-fee estimate where appropriate.