Orange County Contract Disputes Attorney
Entering into a legal contract with an individual or entity involves an assumption of trust that they will uphold their end of the agreement. Unfortunately, not everyone holds to the terms of the contracts that they sign. When this happens, they are breaching the contract. In all likelihood, you have already invested time and resources into the project, so that breach of contract may entitle you to compensation.
Working with a contract attorney in Orange County, CA could help you avoid breaching your contract or hold accountable those who do not uphold their agreements with you. At Thaler Law, our attorneys can help you with your contract agreements at all stages of the process. Whether you are looking to initiate a contract or need help when another party has breached an agreement that you already have, our attorneys have the skill and experience to help.
Breaches of Contract
A breach of contract can occur for a number of reasons, but the term is used whenever there is a breakdown in, or a failure to abide by the terms of, an agreement between two or more parties. These failures are the result of one party’s failure to fulfill any contractual obligations that were assigned to them. Contracts may involve:
- Deliveries of goods and services
- Particular job tasks that need to be completed
- Certain payment arrangements
- Upholding certain standards
When these are not met, the result is a breach of contract.
There are two categories of contractual breaches that could occur. These are classified by the type of damage caused by the breach. The two types are:
- Material: These types of breaches occur when the at-fault party fails to meet their obligations within the contractual terms of the agreement. The result then caused financial damage to the other party involved.
- Immaterial: These types of breaches are sometimes referred to as partial breaches. Often, this is when a portion of the contract is fulfilled but not completely. While it may not have a significant financial impact, the at-fault party may still be responsible for financial damages.
To prove that a breach of contract has occurred, there are certain conditions that must exist, which prove that:
- A contractual agreement exists.
- A loss of damages occurred.
- The terms of the contractual agreement were breached.
If these parameters exist, then you may file a civil claim. This must show that a breach has occurred in an existing contract between you and another party. It must also demonstrate that this party is at-fault for the breach and that the breach has caused specific damages to occur.
Mitigating the Risk of Contractual Breaches
Constructing a contract can be a complicated process that, if not done correctly, can open opportunities for a breach to occur. Speaking first with a contract attorney, such as those at Thaler Law, can help to mitigate this potential and ensure that your contract is not only legally binding, but that its accuracy is preventative of further litigation. Contracts are designed to protect all parties involved and a contract attorney helps to protect you in those agreements.
While the contents of a contract may be confusing, the process by which to reach an agreement can be encouraging. With the help of your attorney, you will:
- If you are the initiator, you will draft the terms of the contract
- The contract will be submitted to other parties involved for review
- Those involved will have the opportunity to negotiate any changes
- The process is repeated until all parties have agreed
While you may feel that you are equipped to handle a contract negotiation, or you are told it is a “standard contract,” choosing not to work with a contract lawyer may cost you more time and money later, should a breach of contract occur. You may also sign a contract without fully understanding the implications of its terms. An attorney can protect your interests in these situations.
Resolving Contractual Breaches
If a breach of contract occurs, you will want to engage in a mediation or arbitration process to seek damages against the at-fault party. Depending on the severity of the contractual breach, and the financial impact upon you, you can seek monetary damages. However, damages may only be awarded for certain circumstances. Your contract lawyer can help you understand what you may be entitled to.
Outside of financial damages, courts may also impose an injunction on the offending party. They could also award restitution in the form of monetary payments, properties, or other forms of compensation that are equal to the damage that was caused by the breach of contract in California.
Orange County Business Law FAQs
Q: How Do You Settle a Contract Dispute?
A: There are several ways to resolve a contract dispute. These methods include:
- Expert determination
Determining which resolution is right for your case depends on:
- The type of dispute that you are in
- The willingness of the other party to resolve the dispute
- The damages that you may have incurred as a result
Q: Can You Dispute a Contract?
A: Contacts may be disputed if both parties are in disagreement about the terms of the contract. Contracts are only valid when both parties reach a mutual agreement. If this does not occur, then the contract may be challenged. Working with an experienced and knowledgeable contract lawyer can help avoid such instances.
Q: What Kind of Case Is a Contract Dispute?
A: Contract disputes occur when there is a breach of the contractual terms to which one or more parties agreed. Breaches occur when a party fails to meet the terms of the contract to which they agreed. When this occurs, the at-fault party may be responsible for compensating the other party, paying restitution, or facing other penalties.
Q: Who Can Sue to Enforce a Contract?
A: Whenever a contractual agreement is established, any party that is involved in the contract has the right to file a civil claim against another party named in the contract if they feel that they failed to uphold their contractual agreements. In some cases, the parties may be able to settle the terms of the dispute without legal action.
Orange County Contract Disputes Lawyer
Whether you are purchasing real estate, entering a commercial agreement, or seeking to enter a formal agreement with another individual or entity, it is important to ensure that your interests are a priority. Contracts are legally binding terms that hold all parties accountable for their portion of the terms. Because of this, it is important to ensure that you have a contract lawyer who is experienced in such agreements and knowledgeable about the laws concerning them.
From real estate to businesses, the team at Thaler Law puts the interests of our clients first. With the help provided by our team through our experience, you can navigate any contractual need with confidence. Our team puts your interests first and seeks to ensure you are protected from potential breaches of contract because of the faulty decisions of others. No matter your contract needs, contact our offices today and get the legal support that you need to protect your interests.