Measures To Take When Pursuing a Breach Of Contract Suit
Why You Should Hire An Experienced Business Attorney During a Breach Of Contract Dispute In Arizona
If you are a business owner, much of the business you do every day is regulated by contracts. You have an employment contract with your workers, even if it is only a spoken one. You have contracts with vendors and suppliers to provide the goods and equipment you need to run your business or to sell your products. You even have contracts with your landlord and utility providers.
Hopefully, you used a good Arizona business lawyer to put together these contracts or to review the contracts that you signed. Because breach of contract is a common problem for business owners, you will need a strong contract to start. Then you’ll need to work with a business attorney to get the redress you deserve.
What Is Breach Of Contract?
Before you know what measures to take when pursuing a breach of contract lawsuit, you need to first understand what constitutes a breach of contract. Although it may seem like it goes without saying, the first thing you need to do is establish the existence of a contract. Many people think they have a contract when they, in fact, have nothing that is legally binding. Contracts can be oral or written, but they must include an offer and an acceptance. They must also include consideration, which means that each party must give up something, such as goods or payment.
To show that you have suffered a breach of contract, you also have to show that you fulfilled your part of the agreement but the defendant did not. Failing to complete the agreement can include not performing the promised service, not providing goods, starting but not finishing work, failing to make payment, or not meeting some other terms.
Finally, in order to argue breach of contract, you need to show that you suffered actual economic losses, not just an inconvenience.
Resolutions For Breach Of Contract
The goal for your Chandler business attorney will be to get you damages that are equal to the economic losses that you have suffered. Therefore, if a defendant only paid you $5,000 of a $10,000 agreement, you would be suing for $5,000.
You can also sue the defendant to complete the action that was promised, such as a landscaper finishing a grading project or a builder finishing an addition. When that is not possible, your business attorney will help you determine the appropriate monetary amount to sue for.
Pursuing Legal Action With a Business Attorney
The best thing to do if you feel that you are dealing with a breach of contract and are unable to resolve it directly with the person involved is to contact an experienced business attorney. Your attorney may be able to negotiate directly with the person who has breached the contract. Sometimes, simply getting a letter or a phone call from an attorney will make a person take the situation seriously and make good on their promises.
However, if the person does not respond to legal notices, your Gilbert business attorney will help you understand the next best steps forward. That might involve mediation or negotiation, or it might involve taking the case to court. Many people will try to avoid going to court because they know they will pay a lot more in legal fees than what they may have to pay you to make good on their contractual obligations. A lawsuit could take many weeks or months to resolve, depending on local court schedules. You don’t want to have to wait that long for a resolution, and the defendant doesn’t want the case to drag on so that legal fees add up. Ideally, you would be able to resolve the dispute through mediation or direct negotiation, which your business attorney will facilitate.
Review Your Contracts With The Most Qualified Business Lawyers In Mesa, AZ
If you have suffered breach of contract, contact the business attorneys at Denton Peterson Dunn to discuss your legal options. Our business lawyers have been representing small and large business owners in all manner of business disputes for many years. We can help you get the resolution you need, including collecting the appropriate damages. We can also review and draft contracts for you to minimize your legal risk if you are involved in a breach of contract at any point in the future. Contact us today to schedule a consultation with a business attorney and learn more about your options.