Breach Of Contract
Our attorneys hold parties accountable for their actions, seek financial restitution
Legally binding contracts serve as the foundation for many business arrangements. Without such contracts, companies often cannot engage in business transactions with other businesses or consumers.
Breach of contract cases can have serious, financial consequences. If another company refuses to honor an existing contract, your business’ financial future could be at risk. As a result, taking legal action may be the best remedy for resolving your contract dispute.
Our attorneys at Eller Tonnsen Bach, LLC understand what’s at stake. That’s because we have extensive experience handling business litigation disputes. As your lawyer, we can work with you to resolve your disagreement and minimize the damage often caused by such situations.
What is a breach of contract?
Breach of contract cases often involve one party refusing to honor the terms and conditions of an existing business contract. Some cases involve minor contract disputes known as “immaterial” disputes. Others are more significant and are often referred to as a total or “material” breach of contract. The most serious type of breach of contract cases are referred to as “fundamental” breach of contract violations.
Examples of breach of contract cases include:
- Not performing a service listed in a contract.
- Only performing some but not all of the services agreed to in a contract.
- Violation of specific terms outlined in contract. (Not finishing project on time, delivering damaged goods, etc.)
- Misrepresenting or presenting misleading facts during contract negotiations.
The circumstances and situations involving specific contract disputes can vary widely from one business to another. That’s why it’s important to consult with an experienced attorney familiar with breach of contract disputes to learn more about your legal options.
Why does a breach of contract occur?
Breach of contract disputes can occur for many different reasons. Sometimes, it’s because of financial problems one party tries to conceal from the other. Other times, one side may be attempting to conceal assets in order to increase their profits.
False breach of contract allegations also sometimes occur if one party is intentionally trying to void a legally binding contract. In addition, some breach of contract allegations arise if one party claims they were intentionally deceived or coerced into signing such an agreement.
What laws govern breach of contract cases?
Many federal laws govern breach of contract allegations. Such laws include 41 U.S. Code § 6503, a federal statute that applies to many breach of contract violations, including ones involving public contracts.
In addition, individual states often have their own rules and regulations involving such disputes. In South Carolina, S.C. Code Ann. 15-3-530(1) places a three-year deadline (statute of limitations) for taking legal action in response to a breach of contract allegation. North Carolina has a similar three-year deadline based on North Carolina General Statutes Chapter 1, Civil Procedures §1-52(1).
Can I sue for breach of contract?
In many cases, you have the right to file a lawsuit for a breach of contract violation. Common reasons for filing a lawsuit are to have an existing contract enforced or to seek financial restitution (damages) due to financial harm caused by a breach of contract.
Depending on the circumstances of your case, you may be able to seek:
- Compensatory damages (compensation you would have received if the other party had honored the terms of the contract)
- Punitive damages (compensation meant to punish the at-fault party for violating the terms of the contract)
- Liquidation damages (compensation specifically stated in the contract itself if either party violates the terms of the contract)
Breach of contract lawsuit claims can be complicated. An experienced attorney can analyze your case and help determine the estimated value of your claim and what type of financial compensation to pursue on your behalf.
How much does it cost to hire a breach of contract attorney?
The cost of hiring a lawyer to handle such cases can vary widely. Depending on the nature of your dispute, the different parties involved and the attorney representing you, how much you pay could vary significantly from one attorney to another.
Many attorneys take client costs into account and work to find cost-effective solutions to such complex legal matters. That’s why it’s important to talk with a prospective lawyer up front about how much they charge for their services. Otherwise, you could end up paying significantly more than you may have anticipated when you hire an attorney to represent you.
How we can help you
Our experienced legal team understands the challenges facing businesses of all sizes dealing with breach of contract claims. As your attorney, we can explain the options available to you and help you decide what course of action to take – whether it’s seeking financial restitution and/or cancellation of a contract due to the other party’s breach.
We’re aware of the urgency and importance of such cases. That’s why we strive to develop strategies that fully address such legal matters in timely, cost-effective manner. In addition, we carefully select which cases we handle. That way, we can provide clients with the personalized attention they rightfully deserve.
Learn more about your legal options. Contact us and schedule an appointment with an attorney at our firm. We have three offices conveniently located in South Carolina and North Carolina.