Breach-of-Contract Lawyers

While contracts form the basis of most business operations, a contract breach is always possible — sometimes unwittingly, sometimes maliciously. So, what happens when you enter into a contract and the terms of the contract are broken or unfulfilled?

A contract dispute can have severe implications for a business. It can impact commercial relationships, hold up important work, and cost you money and time if the right outcome cannot be achieved. When a breach of contract happens or is anticipated, it’s essential to understand the avenues available for resolving the situation.

Commercial litigators at Nix Patterson are known for their high-profile work and years of experience helping clients settle all kinds of contract disputes. Our clients can rely on our comprehensive understanding of contract law, reputable advice, thorough knowledge of alternative dispute resolution (ADR), and exceptional courtroom litigation skills to help secure a favorable outcome for breach-of-contract claims.

What Legally Qualifies as a Contract?

Generally, a contract is a legally binding agreement between at least two parties. Depending on the circumstances, a contract may not need to be in writing, signed by all parties involved, or written in legalese. Indeed, informal and verbal agreements, such as private handshake agreements, can be as binding as written contracts.

There are, however, some basic vital elements that must be present for a contract to be upheld in court:

1. An offer
2. Acceptance
3. Mutuality
4. Consideration

What Is Considered a Breach of Contract?

A contract breach occurs when a party fails to comply with or perform any part of an existing contract. In most cases, a breach of contract is fairly apparent and can be minor or material. In some cases, however, a breach can be anticipatory.

A Minor Breach

A minor breach generally occurs when a party to a contract breaches an immaterial aspect or term of an existing agreement, but the other party still receives the services or goods defined in the contract.

For example, suppose company A agrees to provide goods or services to company B on a particular day but instead delivers the promised goods or services one week late. In such a scenario, the affected party may have grounds to seek damages in a breach claim but must hold up their end of the agreement.

A Material Breach

This type of breach generally happens when a party to a contract fails to perform an important clause within an agreement or the whole of the contract. As a result, the other party never receives the promised goods or services or receives goods or services significantly different from those specified in the contract.

If your business is affected by a material breach, you may be able to file a lawsuit seeking compensation in relation to the breach.

An Anticipatory Breach

What if a breach has not yet occurred, but it’s obvious one will? Should businesses or individuals sit back and watch the breach take place? Oftentimes the answer is: Of course not. This is called an anticipatory breach, and the affected party may be able to sue for damages, but there must be clear signs that a breach will occur.

What Are Some Common Examples of Breach Cases?

Breach-of-contract disputes can occur in different settings. At Nix Patterson, our commercial litigators have years of knowledge and experience to draw from and are perfectly equipped to offer commercially sound and practical advice on all aspects of breach-of-contract disputes, including:

• Partnership agreements
• Employment contracts
• Purchase contracts
• Building and construction contracts
• Sales contracts
• Commercial real estate leases
• Insurance contracts
• Shareholder agreements

What Happens in a Breach-of-Contract Dispute?

Contractual breaches can be enormously damaging. Professional relationships can take a turn for the worse, often making losses significantly more substantial than necessary.

That’s why understanding your rights, obligations, and options after a breach of contract is essential.

So, where do you stand in a breach-of-contract dispute? What are the potential solutions for your situation? This all depends on the nature of the contract and the breach. When you consult our breach-of-contract lawyers for advice, we will:

Review Your Claim for Breach of Contract

The Nix Patterson commercial litigators have strong skills to promptly identify and advise on critical issues related to a breach of contract, such as the potential for alternatives to litigation, the damages potentially available, and the likelihood of success. Different damages could potentially apply to your breach-of-contract claim, including:

• Compensatory damages
• Liquidated damages
• Attorney fees

Our team will intelligently evaluate your claim to find the right outcome for your breach-of-contract dispute in ways that match your goals and concerns. We will consider the following questions:

• Was the contract verbal or written? While a verbal contract often holds the same legal weight as a written one, proving that a breach of contract has occurred in court can be more challenging when there is no physical evidence beyond the conflicting statements of the parties involved.
• Was there a delay in action? If you wait for a substantial length of time before raising a complaint regarding a breach of contract, a court may determine that you have essentially “waived” the breach and your right to claim damages.

Seek an Early Resolution to Your Contract Dispute

Most breach-of-contract disputes can be resolved without expensive and stressful litigation. Our dedicated breach-of-contract lawyers are happy to review the facts and circumstances of your case to determine whether we can advise and assist you in seeking an early resolution to your contract dispute. If so, we will inform the other party of your legal position concerning the relevant contract, any applicable legislation, and your desired outcome.

Attempt ADR

At Nix Patterson, we implement a range of highly effective dispute resolution techniques to settle breach-of-contract disputes without needing court intervention. These methods include negotiation, commercial mediation, and arbitration, all of which are typically faster, more cost-effective, and less contentious than going to court. This way, we can also keep the details of your contract dispute private.

Breach-of-Contract Litigation

If alternative dispute resolution does not work, please be assured that your breach-of-contract claim is in capable hands. Where recourse to the courts becomes necessary, our business and commercial litigators have court experience and exceptional advocacy skills to fight for a fair and just result.

You can count on us to never back down from a fight when litigation is the right way forward.

Speak to a Breach-of-Contract Attorney Today

When faced with the intricacies that arise from a breach of contract, it is crucial to have access to top-tier legal assistance to guide you through the process and secure a favorable outcome.

At Nix Patterson, our team is passionate and willing to fight tooth and nail to get the best result for our clients. Our firm has been representing the injured and the accused in contract disputes and has a comprehensive understanding of all facets of a breach of contract. We are tenacious in our dealings and can help regardless of your location, so you have the best opportunity to emerge victorious in your contract dispute case.

For a free initial discussion, make an inquiry online today or call 512-328-5333.