Having been a breach of contract lawyer for 27 years, it seems that there is more of this going on than ever; I don’t know if it is the economy or the new world order. However, litigation for breach of contract, in my opinion, is at an all-time high. Part of the problem is the online software that provides a on-size-fits-all solution for complex problems. In an effort to save money, many people will spend $200 for a ‘general’ contract and then spend $100,000 to get out of the mess created.
Contracts is an area our firm is strong in, and the key to a good contract is to specify all of the terms that can be subject to more than one interpretation. If you know how to write a contract, you know how to litigate one, because you know the tricks of the trade. Another mistake our clients make is that they don’t spend the money to have a contract lawyer review the agreement before they sign it. When we write a contract, it is just as important what we add to the contract as what we leave out…there are many ways to manipulate a contract if you know how. Keep in mind, the other side did not write a contract for ‘your’ benefit. The best money you can ever spend is writing down all of your concerns and things that you feel can go wrong or be subject o interpretation in the future. In this area, you will be better than your contract lawyer as you, more than that person, will know your industry well, and what can go wrong. Please note, we do not take on cases on contingency or where under $150,000 is at stake. If your case qualifies, call for a free consultation…the number is 619-793-4827.
BREACH OF CONTRACT LAWSUIT
If you are caught in a situation where you rehire a breach of contract lawsuit, the best you can do is accumulate all of the evidence as rapidly as possible. memories fade, understandings change. We hope that your breach of contract is written, and not oral. The biggest problem we face is when a contract is verbal and the case ends up being a “he said, she said”. In that type of a case, what is important is to acculturate corollary evidence that supports your position.
If your breach of contract is written, then things are easier. The first thing to consider is whether there is a real breach of contract. If there is simply a misunderstanding in the sense that each person took a different angle on the requirements, then don’w waste your money litigating. You are better off mediating the issue as you have two innocent parties.
On the other hand, if the breach of contract is clear, and the person or company did not intent on honoring their commitment, then if working things out verbally got you nowhere, litigating may be your only choice. A breach of contract is no different than a breaking of a promise or agreement. One thing I have discovered in time is the fact that a lot of companies offer to do something, knowing that they cannot fulfill the promise.
In some cases, you have simple breach of contract. In others, there are people who lied to you and defrauded you in order to have you enter into a contract and of course later all of the promises went unfulfilled. This kind of a case allows you to file a fraud action in addition to a breach of contract action, and that would allow for punitive damages. There are many other breach of contract options available, depending on the facts of the case; call us to discuss them and we can provide options for you.
BE CAREFUL WITH PUBLISHING INFORMATION ON THE WEB
Although your first response to a breach of contract situation is to put something on Yelp, the BBB, or another web site of that nature, it may not always be the best recourse. If the case later reveals that it was not a breach of contract but rather a misunderstanding, you could be caught in a situation wherein you are now a defendant in a defamation lawsuit. Hold your emotions in check and call us first at 619-793-4827.
SOME BREACH OF CONTRACT ISSUES WE CAN HELP YOU WITH:
-Real estate contracts
-Commercial lease contracts
-Business Purchase and Sale
IF YOU NEED TO LITIGATE A BREACH OF CONTRACT
Think it through carefully. If there is an actual breach, and you have damages that can be quantified by you or an expert, then call us. 619-793-4827 for a free consultation. Let’s discuss the options. If both parties allow, many cases can be resolved well before a trial, saving both parties a lot of money. Alternatively, we can help you negotiate the situation if it is very complex and time is of the essence.