A business contract creates obligations on each contracting party to be fulfilled by the obligor (the one required to do an act). When one party fails to fulfill these obligations a breach of contract has occurred. A breach can happen despite careful contract terms; it is what happens after the breach that is the most important. Contact an attorney immediately if you believe a breach has occurred, is occurring, or may occur in the future.
If you are the Non-Breaching party:
When the contract you contemplated is not followed you can incur lots of expense and headache. We can assist you with the process of determining whether a breach occurred and what type of breach. We will try first to get the breaching party to fix the breach before undergoing litigation which is helpful to both sides. We can assist you through the process of becoming whole again (contract realization). In a breach of contract case, if the contract was drafted properly, you should be able to be compensated for the loss from the breach and costs that occurred as a result of the breach. This is why having an experienced contract attorney from Jacobs•Polidora make sure the contract was drafted correctly in the first place is in your best interests.
If you are the Breaching party:
Sometimes you have bargained for something in a contract that cannot be achieved. The situation may be out of your control, or perhaps it was something you had control over but felt you could not do it. Because a breach of contract can be very expensive for the breaching party it is important that you contact your attorney as soon as possible. If you believe you must breach for some reason, it is suggested that you speak with an attorney prior to the breach to see if a different term could be negotiated. There are defenses to breach of contract that only an experienced lawyer can help you navigate. Contact the lawyers at Jacobs•Polidora prior to a breach, or soon after, to help mitigate any damages that may incur.