Businesses live and die by the conditions stated in their contracts. The clauses you include—or fail to include—in your shareholder agreements, commercial leases, subcontractor agreements, and operating agreements can either protect you from loss or expose you to substantial damages. Breaching a contract can have long-lasting consequences for many parties.
Our San Diego breach of contract attorneys have more than five decades of experience in both business litigation and transactional work. We can review your contracts before you sign them, can help you navigate heated disputes, and develop strong, strategic solutions for every possible complication.
What is a Breach of Contract?
A breach of contract occurs when one party fails to fulfill their obligations or terms outlined in a legally binding agreement without a valid excuse or justification. Contracts are agreements that establish the rights and obligations of the parties involved, and when one party fails to perform as promised, it is considered a breach.
Types of Contract Breaches We Handle
Our experience as both transactional attorneys and litigators in San Diego allows us to sift through the fine print of any contract and figure out your available options. The first thing to consider is what kind of breach occurred.
A breach of contract can take various forms, including:
- Non-performance: One party completely fails to fulfill their obligations as specified in the contract. For example, if a contractor fails to deliver the agreed-upon services within the specified time frame.
- Partial performance: One party partially fulfills their obligations but fails to meet all the requirements specified in the contract. This can occur when a supplier delivers goods, but some of the items are missing or defective.
- Late performance: One party fails to meet the agreed-upon deadline or specific timeframe outlined in the contract. For instance, if a company fails to deliver a product by the agreed-upon delivery date.
- Anticipatory breach: A party clearly indicates their intention not to fulfill their contractual obligations before the performance is due. This can occur through explicit statements or actions that demonstrate an unwillingness or inability to fulfill the contract.
What Can I Do About a Breach of Contract in California?
No matter the issue, we have the knowledge and skill to help. While the most common remedy for breach of contract is monetary damages, in some situations, specific performance of a contract is available.
Specific performance means the other party must fulfill the terms of the contract. The goal of monetary damages is to make the non-breaching party whole again by receiving full compensation for any losses.
Types of Business Agreements We Handle
Our San Diego breach of contract attorneys have assisted closely held corporations, non-profit organizations, limited liability companies, subcontractors and independent contractors faced with many breach of contract issues, including:
Examples of legally binding agreements include:
- Joint venture agreements
- Subcontractor agreements
- Operating agreements
- Security agreements
- Shareholder agreements
- And general partnership agreements
We have experience when parties breach these types of contracts, and we can find the best solution for you.
If a business relationship is dissolving, properly “wrapping things up” is critical. We can help you with this process and make it as stress-free as possible.
In California, there is a statute of limitations for breach of contract claims. The statute of limitations is four years for written and two years for oral contracts.
Statute of limitations
- Written contracts: The statute of limitations is four years.
- Oral contracts: The statute of limitations is two years.
- Written contracts: You must file a lawsuit within four years of when the agreement is broken.
- Oral contracts: You must file a lawsuit within two years of when the deal is broken.
Find Solutions for Contract Violations When You Call (858) 360-7080
Business contracts fit squarely within our wheelhouse. Our experience has allowed us to build a strong understanding of how contracts, corporate laws, and individual business policies intersect with one another.
If your case requires court intervention, we are more than prepared to aggressively litigate on your behalf if no other solution can be found. Ready to discuss your case with the team at Purdy & Bailey, LLP? Our San Diego breach of contract lawyers are here to help.
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