Breach of Contract Claims

When you contract with another, you do so on the belief that they will uphold the terms of that deal. Sometimes, however, this does not happen, leading to a breach of contract. If this has happened to you, it is important to know your rights and how to bring a successful case. The purpose of a breach of contract claim is to place the non-breaching party in the same position they would have otherwise been in, but for the breach. 

The first step is understanding the contractual obligations. Every contract has terms and conditions that must be followed. It is important to carefully review this agreement, identifying each party’s responsibility, the timeline for that performance, and whether there are any conditions that must be met first.  

Next, documentation is key. It is critical to gather all relevant documents related to the contract and breach. This can include letters, emails, invoices, receipts, or any other relevant communications. It is important to gather any documents that demonstrate the terms of the agreement, the actions each party has taken, and the impact of the breach. 

 Documentation is key because you must prove that the other party failed to fulfill their contractual obligations as stipulated. This can mean they did not perform at all, or did not perform adequately, or did not perform timely. Documentation illustrating this will bolster the validity of your claims.   

In many breach of contract cases, the court will award damages to compensate the injured party for losses suffered as a result of the breach. It’s crucial to quantify and document these damages. This could include financial losses, additional expenses incurred due to the breach, lost opportunities, or reputational damage. Providing solid evidence of the financial impact will bolster your case and help justify the amount of damages sought. 

Simultaneously while doing this, you should promptly notify the other party of the breach and take appropriate steps to mitigate your damages. Any dealy or failure to mitigate could weaken your case. You should also seek legal counsel. An attorney will identify the strength of your case, help evaluate the harm, nagivate the procedural requirements, and file a case on your behalf. 

 Other options include Alternative Dispute Resolution or sending a simple demand letter. These are less costly measures that could prove effective. If these fail, however, litigation will likely be necessary.  

 Should your matter proceed to litigation, the next steps is preparing for court. This involves developing a compelling legal strategy, preparing witnesses, and anticipating defenses. Presenting a clear and organized case will prove more effective in persuading the judge or jury.  

In conclusion, if another side fails to uphold their bargain in a contract, you should take immediate steps to be made whole. Breach of contract is an unfortunate part of business dealings, but as described, there are options.  Contact us today to speak with an attorney at the Binnall Law Group.