Breach Of Contract Lawyer Washington, DC
When you are in a situation where another party you entered into a contract with breaches that contract, a Washington, DC breach of contract lawyer understands that you are likely concerned about how this loss affects you personally and how it affects your business. What does this mean? Say you entered into a contract with a catering company for a large corporate event involving employees and customers. If you paid the catering company for food and they did not deliver this food or delivered an entirely different menu, what might that mean for you? The team at Mahdavi, Bacon, Halfhill & Young, PLLC knows this could damage you personally and professionally.
It could mean that people at your event go hungry because there are no food options. It could mean that people with eating issues (like life-threatening food allergies) either do not get food or are put at risk when they are not aware of the items on the menu. In this situation, not only does that mean your name might become a little less trustworthy to the people at your event, but it could open you up to lawsuits.
Where do breaches of contracts end up?
While there are instances where a breach of contract dispute can be resolved without much harm done, cases involving breach of contract often end up in court. As a Washington breach of contract lawyer understands, a contract that is legally enforceable in DC can be written or oral.
What will you need to show?
The first thing that you will need to prove is that a contract was established in the first place. A breach cannot happen without a contract. It can become slightly more difficult when a contract is established orally because you will need to prove which parties were involved in making the contract, what the intents and obligations were, and how that contract was breached. Your lawyer will aim to show that:
- A valid contract was in place
- You fulfilled the part you needed to play in the contract
- The other party breached their end of the contract
- You notified the other party that they breached the contract
What kinds of outcomes might there be?
If your lawyer is successful in showing that this happened, the court will either award you damages for the breach or they will order the offending party to fulfill their end of the contract if that is still possible.
In certain instances, if the breaching party acted in a way to is morally reprehensible, it is possible that your lawyer will ask the court to award punitive damages as well.
Why Breach of Contract Challenges Need to Be Taken Seriously
There are a number of reasons why you may find that you or your company need to confer with an experienced Washington, D.C. breach of contract lawyer. You or your company may have been accused of breaching a contract or may be at risk of not being able to meet contractual obligations. Conversely, another individual or entity may have breached their obligations or may be at imminent risk of doing so.
No matter what the details of your situation may be, it is critically important that you take them seriously. Contracts are legally-enforceable documents. As a result, the terms that each party to a contract have agreed to are binding unless something about the construction of the document is fraudulent or otherwise unenforceable. The experienced legal team at Mahdavi, Bacon, Halfhill & Young, PLLC has too often witnessed both individuals and businesses suffer truly devastating consequences as a result of not taking breach issues seriously until it was too late. We don’t want to see that happen to you.
Types of Breach
As our Washington, D.C. breach of contract lawyer can explain in greater detail as it pertains to your situation, there are four primary kinds of breach and each one can be potentially consequential in nature.
- Minor breaches of contract do not materially affect the ability of either party to perform their legal duties per the terms of the agreement. Yet, they should still be given due consideration because – depending on the nature of the minor breach in question – they could snowball into a more significant breach.
- Anticipatory breach occurs when one party communicates – in advance of a deadline – that they will not be able to meet one or more of their obligations under the terms of the contract.
- Actual breach occurs when a contract obligation is either unfulfilled by a party or is only completed on a partial basis.
- Material breach is the opposite of a minor breach. A breach is usually considered to be material if it is so significant that it results in a substantially different outcome than the one that was specified in the agreement in question.
TYPES OF BREACH INFOGRAPHIC
Why Is Breach Such a Consequential Matter?
As the knowledgeable team at Mahdavi, Bacon, Halfhill & Young, PLLC can attest, breaches of contract can bring down businesses, ruin individual ambitions and halt consequential projects in their tracks. Certainly, if a contract is low-stakes and neither party is much fussed by a varied outcome than they had intended, a breach of contract concern may not be a big deal. However, most individuals and businesses don’t enter into non-boilerplate contracts for reasons that are inconsequential.
As a result, whether you’re looking to hold another party accountable for a breach issue or you’re risking liability for a breach on your side of a bargain, it is important to be proactive in connecting with a skilled Washington, D.C. breach of contract lawyer at our firm to better understand your rights and options.
Pursuing a Claim With Our Help
When you are pursuing a breach of contract claim, you should not attempt to do so without the help of a lawyer you can rely on throughout the process. Breach of contracts can often turn into “he said, she said” claims and it is important to have legally binding evidence. When you are ready to work with a Washington breach of contract lawyer, speak with the team at Mahdavi, Bacon, Halfhill & Young, PLLC now.
Remedies in a Breach of Contract Situation
A Washington, DC breach of contract lawyer knows that businesses use a variety of different types of contractual agreements to protect their rights and interests when conducting transactions or working with other people or organizations. These types of legal agreements detail the requirements that each party must meet and often specify how matters will be handled if one party does not meet their contractual obligations.
If a party to a business contract violates the contract’s terms, the other party may pursue litigation to address the losses they have experienced as a result of the breach of contract. If the court determines that the other party did not meet their contractual obligations, there are a number of different remedies it may order. The following is a brief overview of those remedies. For more detailed information, contact Mahdavi, Bacon, Halfhill & Young, PLLC.
Monetary Damages
In many cases, one party to a contract will seek payment from the other party to address the losses they experienced. Compensatory damages may address the losses directly or indirectly resulting from one party’s “failure to perform” their obligations, as well as delays in meeting obligations. A contract may also specify that liquidated damages will be paid if one party violates the contract’s terms, or punitive damages may be awarded in situations where a party acted egregiously, such as by committing fraud.
Specific Performance
The court may order the breaching party to fulfill their contractual obligations as closely to the contract’s terms as is practical. This type of remedy is most often used in disputes involving contracts to purchase land or other forms of property.
Restitution
Another option that a Washington, DC breach of contract lawyer is aware the court may order is requiring the breaching party to take action to restore the other party to the position they were in before the contract was executed. This may include repaying any money received or returning property that was purchased.
Rescission
The court may choose to terminate the contract and restore both parties to the position they were in before entering into the contract.
Reformation
In some cases, the court may adjust the terms of a contract to address any inequities that affect the rights of the parties. This remedy may be used if a contract differed from the actual agreement between the parties because of fraud by one party or a mutual mistake by both parties.
Contact Our Firm Today
The best way to help avoid prolonged contract disputes is to have a skilled lawyer representing you throughout the negotiation and signing process. However, even the most solid contracts can still end up in a legal dispute.
If you find your business involved in a breach of contract dispute, make sure you have an aggressive Washington, DC breach of contract lawyer protecting your company’s best interests. Call Mahdavi, Bacon, Halfhill & Young, PLLC to schedule a confidential consultation and find out what legal options you may have to resolve this dispute.
Breach of Contract Lawyer FAQs
Should You Terminate a Contract If There’s a Breach?
Understandably, when speaking with a Washington, DC breach of contract lawyer, you may propose the idea of terminating the contract. While you’ll still want to receive compensation due to the contract breach, depending on the situation, terminating the contract altogether can be a better solution than trying to litigate the other party to handle their duties. Minor offenses like a party not paying on time may not warrant a termination. However, repeated behaviors or a more serious offense like the other party leaking sensitive information can warrant a termination.
Should You Give the Other Party a Chance to Remedy the Situation Themselves?
A contract’s obligations and the affected party’s duties can range vastly in size and scope. Many parties that fail to meet certain contract guidelines or demands may not do so due to a lack of attention to detail. For example, you could draft up a contract regarding a marketing campaign where you contract a marketer to provide you with certain services. In this contract, you may have a certain time frame, such as three months, to fully complete the tasks. For whatever reason, the contractor was unable to fulfill this timeline but has, nonetheless, proven their ability. Many contracts come with a clause stipulating that the party should have the opportunity to remedy a situation if a breach occurs.
Can Miscommunication Lead to a Contract Breach?
When a person or entity has exercised great negligence in breaching a contract, you want to work with a Washington breach of contract lawyer. To prevent breaches in the first place, making sure all parties are on the same page is crucial. For example, contracts with vague language can lead to breaches without the other party realizing that they’re committing a wrong. Depending on the contract, this breach may not hold up in court either, as the court may rule that the contract’s language can easily be misinterpreted. In short, you want an attorney on your side from drafting a contract to enforcing it should a breach occur.
Is Mediation an Option?
Mediation involves a professional helping two parties reach an agreement, usually through compromise. While a mediator doesn’t have the ability to litigate a situation, their mediation can resolve many conflicts. One reason people choose mediation is that it’s usually less expensive than hiring an attorney. Depending on your relationship with the party that breached the contract, mediation can be a solution, but, often more than not, litigation ensures results.
How Should I Choose a Breach of Contract Attorney?
When choosing an attorney, prioritize the following qualities:
- An attorney with years of experience who has dealt with similar cases as yours.
- An attorney that can easily explain any questions or concerns you have and walk you through the process.
- An attorney with enough time to represent you, your business, or your organization.
- An attorney that isn’t afraid to take a case to court but who understands that settling outside the courtroom is often the better solution.
When dealing with a breached contract, you want to work with a Washington DC breach of contract lawyer from our law office, Bacon, Halfhill & Young, PLLC.