Of all the legal concepts in the world, “contract breach” may sound among the simplest. On many levels, it is relatively straightforward, but there is a process you must follow to be successful:
Why You Should Contact an Attorney
The wisest step you can take is to contact an attorney at the Garibian Law Offices, P.C., and have an initial consultation. This will help you decide if you have a case, what the chances of victory are, and if it is worth pursuing.
At the consultation, the attorney you talk to will help you establish if:
A contract existed
To prove you had a contract, you need to establish that there was an offer, it was accepted under mutually agreed-upon terms, and there was a “consideration,” or benefit, given in exchange for accepting the offer.
The contract was legal
The contract that was breached must follow all applicable state and federal laws, regulations, codes, and stipulations. That might seem obvious, but some industries, like construction, have coding requirements that would negate any contract that was not in compliance.
A contract breach occurred
To move forward, you must prove that the stipulations of the contract were not met. For example, if you are a contractor and a customer refuses to pay you for work you did, if the contract is legal and you fulfilled it, the breach of contract is the customer not paying. If you are the customer and a contractor does a job that is not in line with the contract, and you are withholding pay, the breach is the contractor’s lack of performance.
The breach caused damages
You must prove you suffered damages. These may include nonpayment for time and materials, payment for services not rendered, quality issues, or non-compliant workmanship. If you win in court, you can also ask that the defendant cover your attorney costs and associated fees.
If you believe you are the victim of a breach of contract, turn to us for an initial consultation. After assessing your situation, we can advise you on how best to move forward. For more information about our contract drafting and negotiation lawyers, contact us today.