San Diego Breach of Contract Lawyer

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:

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.

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.

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.