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Breach of Contract Attorney Los Angeles
What is a Breach of Contract?
In any form of business, there formal agreements written up that are in the form of a binding contract so that there is an understanding of responsibilities and duties. These contracts are typically written up before the company even gets its start to ensure that everything is handled with honesty and in accordance with legal standards. When one party within the contract fails to comply with the arrangement, reveals that he or she has no intention of keeping with the standards set forth or is simply not able to comply, then they are breaching that contract.
There is almost nothing more frustrating in business, or potentially devastating, than a breach of contract. The subject of contracts in business has become ever more complicated, as you may already be aware. A slight change in the wording of a particular part of a binding contract can cause radical shifts of liability or responsibility.
It is essential for any business to have trusted legal counsel review all contracts before signing them or presenting these documents. If your business is facing legal trouble related to breach of contract issues, please do not hesitate to call our firm as soon as possible and speak with a Los Angeles breach of contract attorney about your situation. The faster you act to attain skilled legal counsel, the closer you will be to a resolution of the problem.
Do not hesitate to contact The Mirkhan Law Firm without further delay to speak with our Los Angeles breach of contract attorneys!
Different Contract Breach Scenarios
There are four major types of breaches that can occur with varying degrees of severity. They include:
- Partial/Minor breach – Partial breaches allow the non-breaching party to sue for actual damages, not specific performances. For instance, if a contractor uses a different tile brand in a remodel that looks and performs the same, the homeowner cannot claim a minor breach as it doesn't cause physical damage.
- Material breach – A material breach is significant, allowing the affected party to sue for damages. For instance, if the contractor used fragile tiles that started cracking immediately, the homeowner can seek compensation for replacement costs or the devaluation of their house.
- Fundamental breach - Fundamental breaches are severe, enabling the non-breaching party to sue for damages and terminate the contract. For instance, if the contractor's tile caused mold due to a chemical reaction with the counter-top, it would be a fundamental breach. It violates the agreement, causing substantial damage and health risks.
- Anticipatory breach – Anticipatory breaches enable the non-breaching party to sue for damages before completion. For example, if the contractor stops communication and damages the kitchen during remodeling, the homeowner can treat it as an immediate breach. They can terminate the agreement, even if the contractor was assigned to remodel the living room next, due to the incurred damage.
California Breach of Contract Statute of Limitations
According to the Judicial Branch of California, a statute of limitations is the deadline that someone has for filing a lawsuit. This means that once the statute of limitations has expired, then the person can no longer file a claim. In California, the period of time that one has to file a claim varies depending upon the type of claim. For breach of contract claims, a person has four years from the date the contract was broken to file a claim with the court.
If you have upheld your end of the agreement and the other party has either only partially fulfilled their duty, or if they have made it clear that they do not intend to keep their end of the agreement, then you should contact The Mirkhan Law Firm at once to discuss your legal remedies. We understand that time is money, and that contract breaches can dramatically impact your bottom line; therefore, we urge you to look into your options so that the situation can be resolved as quickly and as cost-effectively as possible.
Legal Remedies for Breach of Contract Cases
A breach of contract lawsuit can provide remedies like:
- Compensation for financial damages
- Remedies to address specific performance
- Cancellation of a contract
- Restitution
The remedy of providing financial damages includes giving payment in some form to the non-breaching party. This is the most commonly form of remedy, and can allow the business to move forward without the impediment or loss. Specific performance refers to a performance of duty to the breaching party that is ordered by the court.
It is usually used when damages will not suffice. Cancellation of the contract and restitution to the non-breaching party to the condition prior to the breach is also a fair solution. Our Los Angeles breach of contract lawyers can evaluate your individual contract issue and advise you of how we will proceed for you.
Contact Our Breach of Contract Lawyers
If you have not tried mediation or arbitration, our firm would be happy to review your situation with you. We would evaluate and advise you on the most ideal strategy for your unique circumstances.
If neither mediation nor arbitration is advisable or has failed, litigation is probably the answer. We are experienced and skilled litigators and have helped many of our clients achieve successful outcomes through business litigation. When you are looking for the best breach of contract lawyer near you, call The Mirkhan Law Firm.
Do not hesitate to contact The Mirkhan Law Firm without further delay to speak with our Los Angeles breach of contract attorneys!