What You Need To Know About Breach Of Contract Litigation
Litigation for breach of contract is at an all-time high. Part of the problem is the online software that provides one-size-fits-all solutions 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 the contract created.
Contracts is an area that we are strong in at San Diego Biz Law APC, and the key to a good contract is to specify all the terms that can be subject to more than one interpretation. We help clients with such contract issues as:
- Noncompete contracts
- Partnership contracts
- Real estate contracts
- Employer-employee contracts
- Commercial lease contracts
- Confidentiality breaches
- Business purchases and sales
However, 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, what we add to the contract is just as important as what we leave out; there are many ways to manipulate a contract if you know how.
Keep in mind that the other side did not write a contract for your benefit. The best money you can ever spend is hiring a contract lawyer and writing down all your concerns and things that you feel can go wrong or be subject to interpretation in the future. In this area, you will be even better than your contract lawyer because you, more than that person, know your industry and what can go wrong in it well.
Breach Of Contract Lawsuits
If you are caught in a situation involving a breach of contract lawsuit, the best thing you can do is accumulate all the evidence as rapidly as possible, as memories fade and understandings change. We hope that your contract was written and not oral. The biggest problem we face is when a contract is verbal is that the case ends up being a “he said-she said.” In that type of a case, what is important to do 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’t 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 intend to honor their commitment, then, if trying to work things out verbally has gotten you nowhere, litigation may be your only choice. A breach of contract is no different than a breaking of a promise or agreement. One thing that we 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 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 When Publishing Information On The Web
Although your first response to a breach of contract situation is to put something on Yelp, the Better Business Bureau (BBB) or another website 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 877-223-4684.
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 consultation.
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 at 877-223-4684 or use this online form to schedule a 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.
We are the law firm that gets the job done. Period. If you are serious about results, call us.