When another party abandons a deal, fails to meet their obligations, or breaches your agreement, it can leave you in the lurch financially and wondering what to do next. Don’t tackle this alone – get a California breach of contract lawyer on your team.
At TONG LAW, we know how to make things right when contracts go wrong. For years, we’ve helped business owners and professionals across California get favorable outcomes in breach of contract disputes.
How do we do it? By thoroughly analyzing your agreements, leveraging our extensive network of experts, and handling negotiations or litigation with equal tenacity. We get results, whether through aggressive settlement talks or by winning at trial.
Throughout your case, you’ll have a dedicated business attorney advising you each step of the way. Our goal is not only to resolve this issue but also to form a long-term relationship as your go-to legal advisor.
Don’t wait – learn your rights today. Contact us to schedule your case review. Let’s get to work pursuing the optimal outcome.
Defining What Constitutes a Legally Enforceable Contract
In legal terms, a breach of contract is when one party substantially fails to perform the duties outlined in a binding agreement. But in plain English, it means not living up to your word.
Contracts come in all shapes and sizes – from leases and employment agreements to vendor contracts and shareholder arrangements. The common thread is that they are voluntarily entered into by all parties and involve a mutual exchange of promises.
For a contract to be legally enforceable, a few key elements must be present:
- Offer and acceptance: One party extends an offer, and the other agrees to its terms
- Consideration: Both sides receive something of value by entering into the deal (also called mutual assent)
- Capacity: The parties have the legal ability to form the contract
- Legality: The purpose of the contract is legal
When those essential factors are met, you have a valid contract. And if one party deviates significantly from their contractual duties, that constitutes a breach.
Do You Need a Breach of Contract Attorney?
So, when should you contact a lawyer regarding a potential breach of contract issue? There are a few common scenarios that signal it may be time to seek legal guidance.
For example, if you performed your contractual obligations, but the other party did not hold up their end of the bargain, that likely constitutes a breach. Or if you incurred financial losses due to the breach, such as lost profits or unrecouped costs, you may have grounds to recover damages.
Other situations include when the other party communicates their intention not to fulfill the terms of the contract.
Having an experienced business contract lawyer in your corner levels the playing field when you’re faced with a breach. We can objectively assess whether a breach occurred and strategize the path forward to protect your rights.
Legal Recourse For Resolving Breach of Contract Disputes
When a business partner or client fails to fulfill their end of a contract, it can negatively impact your finances and operations. However, there are legal avenues to remedy breach of contract situations. With an experienced breach of contract attorney on your side, you can leverage litigation tools to resolve contract disputes efficiently.
Our breach of contract lawyers have decades of experience handling complex business litigation cases. Common legal remedies our lawyers pursue for clients in breach of contract cases include:
- Compensatory damages – Compensatory damages aim to reimburse you for losses suffered from the breach, such as lost profits. We can seek evidence to prove and quantify your financial injuries.
- Consequential damages – You may also recover consequential damages representing additional costs stemming from the breach, like equipment rentals or higher material costs.
- Specific performance – The court can order the breaching party to fulfill their unmet contractual obligations. Our lawyers can request specific performance when monetary damages alone are inadequate.
- Rescission – For serious contract breaches, rescission involves undoing or canceling the original contract. The parties would return any property or payments exchanged under the contract.
The process of remedying a breached contract can be long and complex. Discovery, depositions, motions, and eventually, a trial may be involved. But often, a case can be resolved through settlement negotiations before reaching a trial. An experienced lawyer will advise you on the best approach. The ultimate goal is obtaining a favorable outcome, given the particulars of your situation.
Why Our California Breach of Contract Lawyers Are the Right Partner
With decades of combined experience handling contract disputes, our legal team has the knowledge and skills to tackle any breach issue. What sets us apart is not only our litigation track record but also our client focus.
Our lawyers have extensive backgrounds dealing specifically with breach of contract cases. You won’t find a more qualified team. We can also engage forensic accountants, industry experts, and other professionals to build a case.
Over the years, we’ve consistently negotiated favorable pre-trial settlements for clients through mediation as skilled negotiators. We meticulously analyze governing contracts to support the strongest position with nuanced contract review.
When you choose our firm, you can expect a partner who will fight tenaciously on your behalf, leverage every advantage at their disposal, and guide you through the complex legal process. We view every client relationship as a long-term partnership built on trust and transparency. With a client-centered approach, proven results, and a network of professionals, we deliver results in your breach of contract case.
Get the Guidance You Need to Prevail in Your Breach of Contract Case
If you are dealing with a breach of contract issue, we encourage you to contact our office for a case assessment. An initial consultation provides invaluable insights into how to address your situation from a position of strength.
Learn about all of your rights and options from our business law attorneys. We will evaluate your contract, analyze the alleged breach, and develop a strategic action plan tailored to your unique situation.
Don’t go it alone against a sophisticated party or their aggressive legal counsel without knowledgeable legal firepower in your corner. Contact us today to schedule a case evaluation. Partnering with us provides the leverage and peace of mind needed to prevail in your breach of contract case. With experienced litigators on your side, you can be confident your rights will be protected.
