A breach of contract claim is an attempt to recover the damages or losses suffered due to another party’s inability to hold up their end of a contract. There are various reasons why one might pursue litigation; for instance, if a buyer doesn’t comply with the terms of their real estate agreement, or if a landlord fails to repair a tenant’s leaking roof. Other examples include vendors who don’t deliver on their promise and faulty product warranties.
Pursuing a Breach of Contract Claim
Some contracts state an amount that must be paid by the individual who fails to deliver on a promise. Referred to as liquidated damages, the written figure prevents the necessity for litigation, as long as the parties agree that the contract was breached. For instance, real estate sales documents often state that the seller can keep the earnest money as liquidated damages if the buyer fails to meet the agreement terms.
Negotiation & Settlement
Breached contracts without liquidated damages provisions can lead to contested claims. Lawyers often negotiate settlements for their clients in contract disputes to avoid litigation. Mediation and arbitration are other ways of resolving these disagreements without filing lawsuits.
Litigation is usually a last resort, although it may be necessary. Individuals considering lawsuits should seek advice and representation from lawyers experienced in this practice area before filing actions. A seasoned attorney will know how to effectively argue and prove fault, or else defend that the person in breach of the document had legal justification.
If you need to pursue or defend a breach of contract claim, consult an experienced lawyer at the Law Office of Tyson R. Ence in Agawam, MA. He offers quality legal counsel, personal attention throughout the process, and skilled representation to ensure for his clients secure the best possible outcome. Call (413) 730-4455 to schedule your consultation today with the compassionate attorney.