When Should You Pursue a Breach of Contract Dispute?
Understandably, you are beyond frustrated. After hours and hours of negotiation, you signed a contract for services or goods. As far as you’re concerned, the terms are quite clear. The only problem is that the provider failed to comply with the stated terms and conditions. Therefore, you wonder what it takes to pursue a lawsuit for a breach of contract dispute.
In reality, your first step should be to meet with an attorney who is familiar with actually drafting contracts. More than likely, if you were involved in lengthy contract negotiations, you worked with legal counsel. Nevertheless, there’s a chance you entered into an unwritten contract. Meanwhile, you may also have figured you were dealing with a simple agreement that didn’t require contract review.
Even contracts executed with the best of intentions can result in a breach of contract dispute. Truth be told, this also includes agreements that are put together by lawyers. The first problem may be an issue of non-performance or failure to deliver goods. In fact, even proof that there is an intent to do either often means a lawsuit is in order.
However, there is one crucial consideration. It’s not enough to show that a company or an individual didn’t hold up to their part of a contract agreement. Additionally, the aggrieved party must prove damages.
Breach of Contract: Damages
Perhaps the best way to understand the concept of damages is to look at a personal injury claim. A drunk driver goes over the double line and crashes into your vehicle. Although your life is put in jeopardy, you escape all injury. You get away without even a scratch. Meanwhile, you live a life of gratitude and suffer no psychological harm.
Liability is apparent in this matter. After all, you did nothing wrong. However, you have no damages. You were not injured. You did not lose a day from work. Your property damage is covered by the defendant’s automobile insurance company. To put it another way, you have suffered insufficient damages that warrant filing a personal injury claim.
This simple example offers insight into a breach of contract disputes in the business world. As an illustration, here are some common damages that might suggest filing a lawsuit based on this premise:
- Company took your money and failed to provide goods or services
- Your business lost profits as promised in the contract agreement
- Vendor used inferior products to conduct work
- Intentional or unintentional misrepresentations were presented in the contract
The bottom line is that proving damages is as crucial as demonstrating a breach of contract. When you suspect the latter is true, you should consult with an attorney to see is a breach of contract dispute is in order.
Our Experienced Attorneys Can Help
Concerned about a breach of contract dispute? The Law Offices of Manfred Sternberg and Associates can review the particulars of your issue and provide you with experienced legal advice. We look forward to speaking with you. Give us a call to set up an appointment.