Contracts are the foundation of many business relationships, but if a contract is broken, you’ll need a Bethesda, MD commercial litigation lawyer to help you pick up the pieces. At Eric Siegel Law, we’ve spent over 30 years helping our clients across a wide range of business and commercial litigation – from breaches of contract to discrimination and whistleblower protections. Now, it’s our turn to help you. Read on to learn more about breaches of contract, and contact us today to get started.
Identify The Breach
The first step is to determine exactly how the contract was breached. A breach occurs when one party does not fulfill their responsibilities under the agreement. This could involve failure to deliver goods, nonpayment for services, or violating specific terms. Reviewing the contract thoroughly will help us identify where the breach occurred and whether the issue is material or minor. Material breaches often justify legal action because they impact the contract’s overall purpose.
Review The Terms
Once we identify the breach, the next step is reviewing the terms of the contract to understand what options are available. Many contracts include clauses that outline what to do in case of a breach, such as required notice periods, opportunities to cure the breach, or mandatory mediation. By following these steps, we can address the issue in a way that complies with the agreement.
Communicate With The Other Party
Sometimes, breaches occur due to miscommunication or unforeseen circumstances. Reaching out to the other party can clarify the situation and potentially resolve the issue without further conflict. If the breach is unintentional, they may be willing to fix it or negotiate a solution. It’s important to document all communication to create a record of your efforts to resolve the matter.
Mitigate Damages
If the breach has caused financial harm or operational challenges, it’s important to take reasonable steps to minimize the impact. Courts often expect the non-breaching party to act responsibly to reduce damages. This might involve finding an alternative supplier, pausing services, or seeking other ways to manage the situation. These efforts not only protect your business but also strengthen your position if legal action becomes necessary.
Explore Legal Remedies
When informal efforts to resolve the breach fail, we can explore legal options. Common remedies for contract breaches include:
Damages: Seeking compensation for financial losses caused by the breach.
Specific Performance: Requesting that the breaching party fulfills their obligations under the contract.
Termination: Cancelling the contract and recovering damages for losses incurred.
We can help you determine which option makes the most sense based on the circumstances.
Consider Filing A Lawsuit
In some cases, filing a lawsuit may be the best way to address a breach of contract. Litigation can enforce the terms of the agreement and provide financial compensation for damages. As experienced commercial litigation lawyers, we’re prepared to guide you through this process and advocate for a fair resolution.
How We Can Help
At Eric Siegel Law, we understand how frustrating and disruptive a broken contract can be. Our goal is to help businesses address these issues effectively while protecting their interests. From reviewing the contract to pursuing legal remedies, we’re here to provide support every step of the way.
If you’re dealing with a breach of contract and need guidance, we’re ready to help. Contact Eric Siegel Law today to schedule a consultation.