Breach of Contract Attorneys
Representing Plaintiffs and Defendants in Contractual Disputes
When individuals or companies have a disagreement involving a contract or when one party breaks one or more of their contractual promises, a resolution can often only be found through a breach of contract lawsuit. Any breach of contract can have immediate and long-term detrimental effects on a person and their business. Courts can award a wide range of legal remedies to an aggrieved party to honor the benefit of the contract that was originally negotiated.
If you or your business is involved in a breach of contract conflict, it is crucial to protect your legal rights. Whether you are a plaintiff or defendant, our breach of contract lawyers are prepared to offer aggressive, results-oriented representation. If you suffered losses due to a breach, we will fight to get you the compensation you deserve. If you are accused of breaching a contract, we will fiercely defend you. Our team at Potts Law Firm is well-versed in all aspects of commercial law and will make every effort to facilitate a just outcome, no matter the complexity of the circumstances.
Contact us online or call (888) 420-1299 to schedule your free initial consultation. Our firm offers same-day appointments and provides services in English and Spanish.
What Is Considered a Legally Enforceable Contract?
We make written and verbal agreements with individuals and organizations all of the time. If you ever wish to enforce the terms of an agreement, however, certain elements must be present.
Laws can vary by state, but generally, for a contract to be legally enforceable, there must be:
- An offer
- Acceptance in strict compliance with the terms of the offer
- A meeting of the minds
- Each party’s consent to the terms
- Execution and delivery of the contract with the intent that it be mutual and binding
What Is Considered a Breach of Contract?
If another contractual party does not satisfactorily live up to their end of the agreement, you may understandably be wondering if you have a case against them. What legally constitutes a breach of contract will vary by state, but certain elements must almost always be proven to prevail in litigation.
For a plaintiff to win a breach of contract case, you must typically demonstrate:
- The existence of a valid contract. The contract must be legally enforceable under the applicable laws. Depending on the state and circumstances, oral and non-formal promises are sometimes enforceable.
- The plaintiff upheld their end of the contract. The plaintiff must show they made a good faith effort to fulfill their contractual obligations. Alternatively, they must establish why they had a legitimate reason not to fulfill these obligations. Another contractual party failing to perform is typically considered an acceptable justification.
- The defendant failed to perform one or more elements of the contract. A material breach occurs when a party does not deliver what was contractually promised. A minor breach is one in which the contract is still expected to be largely fulfilled, but some element is not honored. For example, a construction company may finish a contracted project but at a later date than what was promised. Both material and minor breaches may warrant litigation.
- The plaintiff suffered damages as a direct result of the breach. The plaintiff must demonstrate they suffered damages (such as financial consequences) because of the defendant’s failure to perform.
Common Legal Remedies for Breaches of Contract
In many cases, a successful breach of contract lawsuit will result in the court ordering the plaintiff to pay the defendant compensation for economic damages. Other remedies and measures may be warranted, such as requiring the defendant to perform its contractual promise.
Our breach of contract attorneys will fight to secure all applicable remedies, including:
- Compensatory damages
- Specific performance
- Legal fees
- Punitive damages
- Nominal damages
- Liquidated damages
- Quantum meruit
Types of Breach of Contract Cases We Handle
With so much at stake, you should not attempt to navigate these cases alone. Whenever you become involved in a contractual dispute, our team has the experience and background needed to guide you through the litigation process and help you recover the damages you deserve.
Our breach of contract lawyers frequently handle cases involving:
- Employment matters
- Commercial leases
- Supplier contracts
- Franchise contracts
- Asset-purchase contracts
- Service contracts
- Buy-sell contracts
- Construction disputes
- Partner and shareholder disputes
If you need help understanding your rights when a contract has been breached, do not hesitate to call (888) 420-1299 or contact us online.
When you need to litigate a breach of contract claim, it’s all about having a team who can deliver. With over $1 billion recovered for our clients, our firm’s exceptional track record speaks for itself. We pride ourselves on our proven trial prowess and innovative approach to problem-solving. Our legal professionals dedicate themselves to protecting our clients and move quickly to deliver optimal outcomes. Whether you have suffered major damages due to a breach or are now in a perilous legal and financial position due to a contractual conflict, we can provide the dependable advocacy you need to prevail.
If you are unsure if you have a case, don’t hesitate to call us today for a free consultation. Our team of experienced attorneys are ready to review your claim and fight for you.
Q:What If Someone Promises Me Something, but We Do Not Have a Contract?
If a formal contract does not exist, you may still have a claim related to a promise in some states.
In a claim for promissory estoppel, a person may be able to recover if they can show:
- The existence of a promise
- Foreseeability of reliance thereon by the promisor
- The promise materially and substantially changed their position in reliance on that promise
Q:What Is Unjust Enrichment?
Unjust enrichment, sometimes called “quantum meruit,” is a quasi-contractual claim. It allows a person or business to recover when (1) valuable services were rendered or materials were furnished, (2) for the person sought to be charged, (3) which services and materials were accepted by the person sought to be charged, used and enjoyed by him, (4) under such circumstances as reasonably notified the person sought to be charged that the person in performing such services, was expecting to be paid by the person sought to be charged.
Q:What is “Specific Performance” as a Legal Remedy?
If a monetary legal remedy is not sufficient compensation for a breach of contract, a court will sometimes require “specific performance.” This means the breaching party will be required to carry out the services outlined in the original agreement to the best of their ability.
Q:What are Legal Remedies?
A legal remedy is the enforcement of a right or penalty by a court of law.
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