Conover Law Offices helps clients resolve the disputes that arise out of contracts and agreements. Our attorneys can provide you with the knowledgeable assistance you need to understand your legal rights. We help clients enforce contracts through a variety of means, including litigation. Our firm also represents clients who have breached or have been accused of breaching an agreement. We have the skills necessary to represent you or your business when you are on either side of a breach of contract claim.
Understanding breach of contract
Breach of contract occurs when a party violates the terms of an agreement any time after the creation of a contract. Either party can cause a breach through its actions or inactions. Some breaches are justified under the law and others are not. Some breaches are small. In these cases, the parties may be able to continue performance under their agreement. Breaches that are serious enough to disrupt the entire purpose of the contract may be considered material breaches, rendering the contract void. We represent clients in all kinds of breach of contract cases, including:
- Failure to pay for a product or services
- Failure to deliver a product or services
- Missed deadlines
- Failure to meet the terms of a secondary agreement, such as a lease, mortgage or loan document
- Disputes over terms in the contract
- Disputes between partners or workers
- Work stoppages
When your company is affected by a breach, we will take steps to bring the other party into compliance. Typically the first step is to send a demand letter to get the other party to cure the breach through performance or compensation. We assist in seeking a resolution through negotiation. If necessary, we are prepared to pursue litigation. We will seek the maximum amount of damages allowed under the law in order to compensate your business for its losses.
We also represent clients who have been accused of breaching a contract. In many cases, actions that would normally constitute a breach are permissible because of something the other party did first. Clients may also breach their contracts purposely in order to pursue alternatives. This is known as “efficient breach." The law seeks to make each party whole. This may mean restoring lost profits or compensating for anticipated profits. We help clients develop defenses and skillfully defend their rights in court.
Recovery from breach of contract
There are a variety of remedies for breach of contract that provide monetary damages and/or equitable relief, such as:
- Compensatory damages – Reimbursement for immediate monetary loss
- Consequential and incidental damages – Compensation for additional foreseeable losses caused by the breach
- Attorney fees and costs – Amounts available only if the contract expressly states they are recoverable
- Liquidated damages – Amounts specified in the contract that are payable for particular breaches, such as late or substandard performance
- Specific performance – Court order requiring the breaching party to fulfill the terms of the contract
- Punitive damages – Penalty for a party’s objectionable behavior, meant to punish the breaching party and discourage other parties from acting in a similar manner
- Rescission – Cancellation of the contract, with both sides excused from further performance and payments made under the contract returned
- Reformation – Change in the terms of the contract when the court believes there was an honest misunderstanding by the parties about what was to be performed
Our skilled attorneys can help you achieve the best legal remedy for a breach of contract.
The cost of traditional litigation can easily exceed the amount of the contract. Fortunately there are various means of alternative dispute resolution (ADR), including mediation and arbitration, which are less costly and quicker than civil lawsuits, but can deliver the same remedies. Our skilled negotiators have successfully represented clients in arbitration and mediation hearings, and have settled lawsuits prior to trial, saving our clients expenses and getting their businesses back on track.