Breach of Contract
A breach of contract may be as minor as the simple failure to make a single payment or as severe as the complete abandonment of one party’s contractual duties. The latter case would qualify as a material breach while the former may be a partial breach. An anticipatory breach occurs when one side gives advance notice that it will not be able to perform as required under a contract. The most common type of commercial breach is the seller’s failure to deliver goods. Either a seller or buyer may invoke legal action if the other side fails to honor the terms of a written or oral agreement.
When both parties perform according to the agreement’s terms, there has been no breach of contract. However, when one or both of them does something that goes against the contract, there’s a breach. A minor breach is when a party fulfills most of the terms of a contract but fails to adhere to one or more requirements in minor ways.
A material breach is a much more serious failure to perform any part of a contract. When a material breach occurs , the non-breaching party is excused from fulfilling its obligations because the purpose of the contract was substantially frustrated. An anticipatory breach is one party’s failure to perform as agreed by announcing or demonstrating an intention not to perform. An anticipatory breach lets the other party seek a remedy for breach even before a material breach occurs.
Breach of contract is a type of claim or complaint filed in civil court. Breaches can include implied, express, oral or written contracts. A breach can occur if a party: The reason for the breach doesn’t matter because any breach of the contract is enforceable and any party to a contract has the right to expect and demand compliance with the contract’s terms.
A real estate company fails to purchase a piece of property because it waited eight months to do a title search so the agreement expired. This is a minor breach that might only require the real estate company to pay any associated costs and damages. A person purchasing a franchise does not make payments for five years. The franchisor could terminate the agreement and refuse to sell more franchises. A lender refusing to loan money after the applicant has paid all fees and complied with all underwriting requirements.
When to Hire a Breach of Contract Attorney
There are a few indicators that it might be time to call an attorney in regard to a breach of contract problem.
First, if the breach is significant enough that it would have a negative impact on your business, you should contact an attorney. Obviously you need to make a determination about materiality and how a breach impacts you on your own but if you see it negatively impacting your business, contact an attorney.
Second, if you operate on high trust or handshake deals and this breach is preventing you from doing business and/or it seems to be affecting the trust layer in your dealings with this party.
Third, if the breach has been going on for a while, you tried to come to an agreement or understanding and it is either was getting worse without a resolution or they really don’t care if it is fixed.
These are just a few of many signifiers that you should seek the assistance of a qualified attorney to assist you with your legal issue.
Attributes of a Good Contract Lawyer
In addition to being educated and experienced, your lawyer must be communicative, accessible, and responsive. He or she should be a good listener whom you feel comfortable expressing your thoughts and concerns to. You may want to be clear on the best ways to stay in contact with your attorney according to their preferences (in person, phone, email, etc.), and have a good idea of their preferred response time.
Your lawyer needs to be a competent, skilled individual, capable of tackling the complex issues surrounding breach of contract, but so too must you be. If you are not sufficiently informed about the law, the facts of your case, and the specific details of your particular situation, your lawyer will be hamstrung. A breach of contract case involves many moving parts, requiring a great deal of attention, and requires a legal professional committed to seeing every angle of an issue and being sufficiently qualified to pursue every avenue and option. You want a attorney whose practice focuses on contract law, who has successfully handled similar negotiating, litigation, and dispute resolution matters in the past, and who has the necessary education, experience, and resources to see your case through to the end.
How to Locate Breach of Contract Attorneys Near You
If you are asking yourself "how do I find the best breach of contract lawyers near me?" there are a number of different strategies that you can use to locate the best lawyers near you.
The first strategy is simply to use a search engine to locate the best breach of contract lawyers nearby. Simply enter into the search field, "best breach of contract lawyers near me" or simply "breach of contract lawyers near me." You can also enter a query which includes a geographical qualifier. For example, if you live in Manhattan, try using search terms like "New York City breach of contract lawyers near me." This will help you to narrow down the field a bit.
The second strategy is to utilize online directories. Online directories are probably the best place to start because they contain basic information about lawyers, allowing you to see both in person and on paper who is available to represent you nearby. There are several directories available, and you can find most of them by simply entering into your browser’s search field, "lawyer directory." Note, however, that the directories differ from one another in terms of their level of detail. Some directories may only include contact information, like phone numbers, while others will contain client ratings, client and case reviews, as well as detailed descriptions of various practice areas.
There are two additional strategies to use, but they are not particularly common. Your local legal associations, such as the local bar association, may be able to provide you with referrals. Some local legal associations even require that their members join the referral service, so you are automatically guaranteed good representation when you choose to follow this route.
Finally, you can ask a friend, family member or business associate for a referral to a breach of contract lawyer. Many people have experience dealing with lawyers and may be able to provide you with an excellent recommendation that can yield great results.
What to Ask Your Contract Lawyer
The litany of questions that you might ask about your potential breach of contract claim will be very similar as those that you would ask for other matters of importance. You should certainly ask about their experience with similar cases. Have they ever been involved in a case involving a breach of contract for this type of deal before? What was the result? If they have not, can they discuss what they might potentially do if presented with a similar situation, or do they just look at the matter in front of them to determine whether or not you have a case.
Fee structure is another important concern. Will you pay hourly or a flat fee? Will you need to pay anything upfront? Will payment be based on a contingency? This is the most complicated aspect of legal work, if there even is a "simplest" aspect to such a complex matter.
You will certainly want to know about the firm’s strategy. You will probably want to know about their plan for the case. Do they think you have a strong case? How strong will your case be if you litigate it all the way to trial? If you are bringing a case against someone else, they will be similarly concerned about whether or not they can uphold their case.
Doing research on your case is an important element of the process , as well. Is the firm equipped to carry out the work, or is there more that would need to be done? Ask prospective lawyers about outsourcing and third-party costs, if there are any. Will the lawyer need to travel for significant periods of time or can they complete the bulk of the work locally? Will they have to be in court for a long string of dates, which could impact your case if you need them to show up in court on other matters?
Another aspect that is worth asking about is their communication. How will they communicate with you? Will there be point people on the matter that you can contact? How often will they get back to you if you try to reach out to them? It is imperative to communicate about what is happening throughout the entire process.
You might also ask about their experience. People who have been practicing for years do not necessarily have more experience than younger attorneys. In some cases, the younger attorney might be handling more cases and getting better practical experience, while the more seasoned attorney might be spending more time writing and researching. With that said, a younger attorney may not have as many contacts in the industry and may have to work harder to have those contacts developed and to garner the same level of respect that an older attorney has.
Preparing for Your Initial Consultation
Preparing for your initial consultation: Before your first meeting with your attorney, you should gather the relevant documents, and understand the consequences of breach of contract. Make a list of questions you want to cover in your meeting with your breach of contract lawyer. Having these documents ready can reduce stress levels and enable the meeting to be as productive as possible.
As a rule of thumb, you should bring any of the following that apply to your case:
- Any contracts or agreements that pertain to your legal issue;
- Correspondence between you and your attorney regarding the issue;
- Any related correspondence, including emails;
- Any paperwork regarding any previous efforts to resolve the issue;
- Proof of damages, including invoices or estimates for repairs; and
- Any notes or papers helpful in telling your story or proving your claims.
The Pricing Structure of a Contract Lawyer
Specifically, retainer fees are a guaranteed pay check and can range from $1,000-$5,000. This may seem pricey, but this is the way attorneys protect themselves from spending an excessive amount of free time to review the details of your case, only to find out that you aren’t really willing or able to pay them for their time. It also guarantees that the attorney has some skin in the game, makes sure they are more likely to take extra care when handling your case, and ensures that they will not spend an excessive amount of time on your case for free. Any unused portion of this retainer is returned to you .
If the attorney doesn’t require a retainer, they will probably charge you an hourly rate, which can be anywhere from $150-$800 +. Your attorney will keep track of their time and invoice you.
We strongly advise against looking for lawyers that will work for you pro bono. These attorneys are usually inexperienced and will not work up your case for you in an effective manner.
If a legal case progresses to litigation, there may be additional costs, including filing fees and other expenses related to the discovery phase of litigation. You should expect to spend upwards of at least $30,000 if your case can’t be resolved via pre-litigation negotiation.