Breached contracts are common and serious issues for both individuals and businesses.
Relying on others to uphold their contractual obligations is a fundamental aspect of every business. When a party to a contract fails to abide by an agreement, it can result in significant financial losses.
Our attorneys have a proven track record of winning contract litigation disputes.
The Business Trial Group’s attorneys routinely handle breach of contract lawsuits and related business torts involving all types of agreements and industries. Our attorneys have significant experience handling complex cases involving: asset-purchase agreements, construction contracts, commercial leases, employment contracts, business debts, licensing contracts, and many other types of agreements.
Contractual disputes can take many forms, but the most important thing is to be represented by an attorney who can properly assess your contract and effectively protect your rights through targeted and effective litigation.
The Business Trial Group works on a contingency-fee basis, which means that we do not charge hourly rates or retainers. In fact, we are not paid unless we successfully resolve your case.
Contingency-fee contract litigation allows the damaged party to pursue the full amount they are contractually owed, without fear of high hourly attorneys’ fees making litigation unsustainable.
OUR RESULTS IN BREACH OF CONTRACT AND BUSINESS TORT LAWSUITS
Our attorneys have a proven track record of winning contract litigation disputes. The Business Trial Group has successfully recovered millions of dollars in cases involving breach of contract and business tort claims.
For example, our attorneys have:
- Received a jury verdict of $14.5 million in a complex breach of contract and business tort lawsuit involving a real estate development.
- Received a jury verdict of $1.485 million on behalf of a sinkhole remediation company for breach of a services agreement.
- Received a jury verdict of $1.338 million on behalf of drone manufacturer against robotics company.
- Recovered millions of dollars for clients in cases alleging breach of professional services or employment contracts.
- Recovered millions of dollars in lawsuits involving breaches of commercial leases or real estate commission agreements.
- Recovered millions of dollars on behalf of individuals and small businesses seeking repayment of loans and other contractual obligations.
- Recovered millions of dollars on behalf of prominent athletes, musicians and entertainers in breach of contract lawsuits.
COMMON TYPES OF CONTRACT DISPUTES WE HANDLE
Although business people may do their best to avoid lawsuits, contract disputes can still arise.
Every contract is different and each contains specific provisions that must be closely examined when there is an alleged breach. As a result, it is important to discuss your breach of contract dispute with an experienced contract attorney to protect your legal rights.
Here are some of the common contract types, as well as the legal challenges they can create.
In services contracts, one party contracts another to provide a service within a stated period of time. Typically, services contracts specify the responsibilities of the service provider as well as the payment schedule.
Delays, quality issues, and nonpayment are common issues that can lead to disputes. As a plaintiff, you will often have to navigate complex legal and factual defenses to recover damages for your financial losses.
Buy-sell agreements determine how a business and its resources are transferred when a new owner acquires a business. Because many of these situations involve parties selling businesses that they built or operated for many years, buy-sell contract disputes can be especially sensitive.
Buy-sell contracts also become the focus of lawsuits when a business has multiple owners. There may be a disputes, for example, over how proceeds of a sale will be allocated, who controls a business, or other related issues.
Formal employment contracts help employers and employees understand their responsibilities to each other. They also set expectations for compensation, services, conduct, and termination policies.
Many cases involve a plaintiff who was terminated early, terminated for improper reasons, or is otherwise owed money under their employment contract. As is the case with other types of contract disputes, the main issue is that a plaintiff must demonstrate losses suffered as the result of a contract breach in order to recover damages.
When you purchase a franchise from a large business, the contracts involved are especially extensive and may be standardized across all franchise locations. These types of contracts usually contain highly specific language about the buyer’s responsibilities and may have clauses absolving the greater company from liability.
These contracts can be challenging to dispute because many times franchise agreements have onerous dispute resolution provisions and other provisions limiting liability. For this reason, it is important to have an attorney on your side to make sure that you have a fair chance to make your case and recover your losses.
WHO CAN FILE A BREACH OF CONTRACT LAWSUIT
Both individuals and businesses can file claims to resolve breached contracts. Whether you’re a business owner, service provider, commercial tenant, or an employee, you have the right to file a claim when another professional or business has broken your contract.
If you file a breach of contract lawsuit, you must prove three elements to prevail:
1. THE EXISTENCE OF A VALID CONTRACT.
In an enforceable contract, at least one party must make a promise to do, or refrain from doing, a specific act in the future.
The contract does not become legally binding until each party accepts its terms. A method of acceptance (such as oral, written, handshake, in-person, or through the fulfillment of a certain act) is often specified in the contract’s offer.
2. BREACH OF THE CONTRACT’S TERMS.
A contract breach occurs when one party fails to do something that the contract requires. Breaches can be material or non-material. Material breaches are those that prevent the contract from being fulfilled or defeat its original intent. Non-material breaches are more minor breaches that do not necessarily preclude contract fulfillment.
3. DAMAGES RESULTING FROM THE BREACH OF CONTRACT.
Even if there is a legally valid contract and a breach occurs, if the non-breaching party does not suffer any type of financial harm, then they may not have a valid breach of contract case.
Damages might include lost profits, income, or benefits, or be more indirect damages, such as damage to a company’s reputation.
TYPES OF RECOVERIES FROM BREACH OF CONTRACT LAWSUITS
When one party breaches a contract, the non-breaching party may sue for several different types of damages. In most cases, our contract attorneys pursue claims for money damages or equitable relief on behalf of our clients.
Compensatory damages can include reliance damages, expectation damages, and other types of financial losses. Compensatory damages are intended to “make the plaintiff whole” and provide monetary relief representing the benefits the plaintiff would have received had the contract not been breached.
Compensatory damages may include consequential damages, which are intended to provide compensation for any indirect losses caused by the breach of contract. For example, our attorneys may be able to recover lost profits caused by another party’s failure to perform its obligations under a contract.
Liquidated damages are also available in certain circumstances. Some contracts contain a liquidated damages provision, which provides a specific, predetermined amount of money that a court can award to the aggrieved party if the contract has been breached.
In general, liquidated damages provisions in contracts are enforceable if the damages resulting from the breach are not readily ascertainable; and the amount of liquidated damages provided under the contract is not grossly disproportionate to the actual damages incurred.
Restitution forces the breaching party to forfeit their ill-gotten gains. The goal of restitution is to return the non-breaching party to the position they would have been in had the contract never been made.
This breach of contract remedy would involve a decree ordering the breaching party to fulfill a contractual obligation.
ATTORNEYS’ FEES AND COSTS
Depending on the case, the Business Trial Group may be able to recover our clients’ attorney fees based on contractual provisions or state law. For instance, the fees and costs of the contract litigation may be recoverable if such recovery is expressly provided for under the terms of the agreement.
NO-OBLIGATION CONTRACT CASE REVIEW
To find out whether you have a breach of contract case, get in touch with the Business Trial Group. We charge nothing for an initial case review, and if we accept your case, we will not charge a fee unless the case is successfully resolved.
To discuss your situation with the Business Trial Group at no cost, contact the Business Trial Group using our contact form or call 888.874.9075.