BREACH OF CONTRACT
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BREACH OF CONTRACT IN CALIFORNIA
Everyday, individuals and businesses engage in transactions that amount to contracts, whether in writing or not. A contract is a promise or set of promises enforceable by law. The law that governs a contract depends on whether a contract is for the sales of goods or a contract for services or the sale of real property. Often there are disputes as to whether a contract was even formed. Other disputes arise where the terms of a contract are unclear and the parties disagree as to what the actual terms are. In some instances, a party may fail to perform their contractual obligation. Regardless of what kind of contract, there is an implied promise of good faith and fair dealing in all contracts.
As a business owner, you are naturally concerned about the reputation and success of your business. A claim of breach of contract can disrupt your business and possibly damage your reputation. It can also jeopardize your investment and cut into your profit margin. Of the most common legal issues faced by business owners, breach of contract issues prevail.
When faced with a breach of contract issue, it is important that you understand your rights and obligations under the contract. Whether your business is trying to enforce a contract or defend against a claim of breach, it is critical that you make informed decisions that are in the best interest of your business. It is good business practice and wise to consult with an attorney that has knowledge and skill in breach of contract legal matters. The breach of contract attorneys at Swingle, Van Egmond & Heitlinger will help you understand your rights and duties under a contract and advise you as to what courses of action are available to your business.
Contract disputes may arise during the formation of a contract, after a contract is formed, while one party is performing under the contract, after a party has performed their duties or after both parties have performed. Swingle, Van Egmond & Heitlinger is a law firm that represents businesses in breach of contract issues. We handle breach of contract in the following areas:
- Employment contracts
- Sales contracts
- Service contracts
- Industrial contracts
- Agricultural contracts
- Real estate sales contracts
- Commercial real estate lease contracts
- Warranty issues
- Enforcement of contractual rights
Breach of Contract Attorneys
Whether your breach of contract issue is with a vendor not fulfilling an order or your business is involved in a complex multi-party corporate dispute, you need a law firm of experienced breach of contract attorneys. The breach of contract attorneys at Swingle, Van Egmond & Heitlinger in Modesto, California have years of experience in resolving contractual disputes. If the issue cannot be resolved out of court, we will be prepared to fully litigate the matter.
What Is Breach of Contract?
One of the most common issues that requires an experienced business litigation attorney is breach of contract. Contracts are essential for a wide variety of matters including, leases, non-compete agreements, supply and distribution, purchases, insurance and loans. These contracts change depending on the size, location and industry of your business. However, if one party fails to perform its obligation, then you may pursue a breach of contract to legally enforce obligations. While no business owner wants to settle their contract dispute, sometimes it is necessary. There are some steps to take to make sure your claim is successful, including:
- First, you must establish that a contract exists and that it is enforceable. An enforceable contract is one that complies with federal, state and municipal regulations.
- After your contract is established as enforceable, you must identify the breach. This dispute is unique to each claim and could arise from a variety of reasons, such as intellectual property disclosure.
- Our attorneys can evaluate the circumstances of your transaction and declare damages from the breach. You can seek these damages as remedy in a breach of contract claim.
Our business litigation lawyers can also review contracts for you to ensure that the terms are in your best interest, and that your actions do not constitute a breach.
“This firm exemplifies how a multi-faceted group of attorneys can work together to achieve positive results.”
- James M.