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When A Contract Is Violated (Breach of Contract)
A legally binding contract constitutes an agreement between two or more parties wherein the parties involved agree to terms of the agreement. A breach of contract occurs when one party to the contract doesn’t uphold their end of the agreement. In certain situations where the contract was legally binding and is breached, the other party can sue. Contract law is a complex minefield that requires an attorney with a lot of experience in that specific area of practice.
What To Know When Suing For a Breach Of Contract
If you are considering suing for breach of contract, you should carefully consider the following factors.
The Statute of Limitations
The deadline (statute of limitations) for filing a lawsuit for the breach of a written contract is generally within four years of when the agreement is broken. For a verbal contract, it must be filed within two years of when the agreement is broken. If the lawsuit wasn’t filed within that deadline, the case may be dismissed.
Clauses In Your Contract That Covers Breaches
Sometimes written contracts contain language stating what can happen if one side sues the other. These clauses may refer to:
- Arbitration or mediation- You must go through arbitration (sometimes as the only option) or mediation prior to suing or being sued
- Venue and choice of law - Either side must file lawsuit in a specific state according to that state’s laws, not in California
- Attorney fees and costs - If one side sues, the losing side must pay the other side’s attorney fees
Who You Are Suing
The person or business you are suing must be the one who signed or entered into and then violated the contract, as they are the one responsible for the damages to you. For example, you may sign a contract with a contracting company to get some work done, but the work is shoddy. You are not suing the people who the contracting company hired to do the work, but the company who you signed a contract with to get it done.
Legal Reasons And Evidence
A plaintiff in such a case requires at least one cause of action, which is a legal reason to file a lawsuit. Every element of this cause of action needs to be proven in court, and the defendant needs to know what the plaintiff has to prove and the manner in which they will defend themselves.
Specific Damages Suffered
Damages suffered could be as simple as the money you’re owed from a loan that was not paid (plus interest), or it could get very complicated. If the breach resulted in delays that cost you money, or if the breach caused you to hire somebody else to fix the work that you paid the other party for, there are many complexities involved.
Contact Us Today
Suing for breach of contract can get very complicated very quickly. It’s essential to have an attorney who has plenty of experience in contract law and winning cases for their clients. The Law Office of Ball & Yorke has helped hundreds of clients successfully win breach of contract cases and recover the money owed them. Call the
Law Office of Ball & Yorke to consult with a top contract law attorney today.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.