Breach of Contract Attorney Los Angeles

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.