When to Call a Business Law Attorney for Your Breach of Contract Case?
Written contracts provide some assurances that each party will carry out their obligations, but even written contracts can be (and routinely are) broken. When one party does not live up to the promises it has made to the other party, a breach of the contract has occurred. What happens next depends on the seriousness of the breach and the desires of the parties. The parties can, for example:
- Ignore the breach and carry on with the rest of the contract as written;
- Carry on with the essential purpose(s) of the contract but modify the terms of the agreement;
- Terminate the contract and each party simply “walks away” from the promises made in the contract without any further consequence;
- Terminate the contract and the aggrieved party can seek damages through a lawsuit.
When to Call a Business Law Attorney
Not every breach of a contract requires you to consult with a California breach of contract attorney. For example, if you are certain that the breach is minor in nature and you and the breaching party can come to an agreement regarding how to move forward, you may not need an attorney’s assistance. You and the breaching party may be able to simply memorialize your agreement in writing and carry on. However, you should seriously consider speaking with an experienced attorney if any of the following are true:
- You and the other party cannot agree on how to proceed: Differences in beliefs concerning the severity of the breach and/or the best course of action going forward can end in costly litigation. An attorney may be able to help negotiate a resolution.
- The breach is causing you and/or your company significant harm: If the breach is causing you or your company to lose assets or other harm, there are actions you must take quickly in order to protect yourself, your business, and your legal rights. An attorney can help you in determining what steps you must take.
- You do not understand your rights under the contract: If you have any question about all of the methods available to you to address a breach, you should consult with an attorney. You can cause serious – and unnecessary – harm to your legal position and your business if you are unaware of how you are able to respond to the breach. An attorney can not only review your contract and situation and advise you of your options, but an attorney can also help you make an informed decision that will best protect you and your business’s operations.
- You have an oral contract: If you do not have any written contract at all, you will need the advice and assistance of an experienced California attorney to help you. The terms of oral contracts are very difficult to prove, but an attorney may be able to help you “reconstruct” the contract from extrinsic evidence.
JGPC Law’s experienced team of California business law attorneys are available to assist Pleasanton, Oakland, Fremont, Livermore, Danville, San Leandro, and Walnut Creek business owners in understanding and asserting your rights after another individual or entity has breached a contract with you. Contact our Pleasanton law firm at (925) 463-9600 to learn how we can assist you in moving beyond a breached contract.
The content presented in this article is for general informational purposes only. It is not, nor is it intended to be, legal advice. It does not constitute the formation of an attorney-client relationship. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.