San Diego Breach of Contract Lawyer

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:

Related Reading:

• Why Do All My Contracts Need to be in Writing?

Does a Breach of Contract Claim Have a Deadline in California?

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.

How Do I Prove That A Breach Of Contract Has Occurred?

To prove that a breach of contract has occurred, you need to establish several key elements. As experienced San Diego breach of contract lawyers, we at Purdy & Bailey, LLP are well-versed in guiding clients through this process.

Here’s what you need to know:

1. Valid Contract: Establish that a legitimate contract exists. You must prove that there was an offer, an acceptance of that offer, and consideration—the exchange of something valuable between the parties. The contract can be documented in writing, spoken orally, or implied by actions, but it must fulfill these foundational requirements.

2. Plaintiff's Performance: Demonstrate that you, as the plaintiff, adhered to your contractual duties. This is critical in showing that you upheld your end of the agreement.
   Defendant's Breach: Thirdly, you must show that the defendant failed to meet their contractual duties. This could involve not delivering goods or services on time, failing to pay, or any other action that violates the terms agreed upon.

3. Damages: Finally, you need to establish that the breach caused you harm, typically financial. This means providing evidence of the losses you incurred due to the breach, such as lost profits, additional expenses, or other quantifiable damages.
    

Gathering strong evidence is crucial. Documents like the contract itself, correspondence, invoices, and witness statements can be invaluable. Consulting with breach of contract attorneys in San Diego can significantly enhance your ability to compile and present this evidence effectively.

What Are The Potential Damages I Can Recover For A Breach Of Contract?

When dealing with a breach of contract, understanding the potential damages you can recover is crucial. As experienced breach of contract lawyers in San Diego, we at Purdy & Bailey, LLP aim to provide clarity on this matter.

Below are common types of damages that may be recovered in a breach of contract dispute.

• Compensatory damages are the most common type awarded in breach of contract cases. They aim to put you in the position you would have been in had the breach not occurred. This includes:

  • Direct Damages: Costs directly resulting from the breach, such as unpaid invoices or unfulfilled services.

  • Consequential Damages: These cover losses indirectly caused by the breach, like lost profits due to operational disruptions.

• Liquidated damages: In some contracts, parties agree on a specific estimate of damages in case of a breach. These are known as liquidated damages and are enforceable if they are reasonable estimates of the actual harm caused by the breach.

• Specific Performance: Instead of monetary compensation, a court may order the breaching party to fulfill their contractual obligations. This is typically used when the subject matter of the contract is unique, such as real estate transactions.

• Nominal damages: If you prove a breach occurred but didn't suffer substantial harm, you may be awarded nominal damages. These are small sums acknowledging that a breach happened but did not result in significant financial loss.

• Punitive Damages: While rare in contract law, punitive damages may be awarded if the breach involves fraudulent or malicious conduct. These are intended to punish the wrongdoer and deter similar behavior in the future.

By consulting with seasoned San Diego breach of contract attorneys, you can thoroughly assess your situation and determine the most appropriate form of damages to pursue. Reach out to Purdy & Bailey, LLP right away.

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.

Contact us today at (858) 360-7080 to see how we can assist you with your breach of contract dispute in San Diego, CA.