If an individual or a company breaches a contract they have with you, you might consult a contract lawyer about filing a lawsuit. A breach of contract occurs when a party to a contract or agreement does not meet their obligation under it. When a breach occurs, suing may be appropriate under the following circumstances.

What a Contract Lawyer Needs to File Suit for a Breach of an Agreement

Elements Needed to Support a Lawsuit

Before filing a breach of contract lawsuit, your contract lawyer needs to see four elements. You must have proof that a contract existed, it was broken, you were damaged, and the individual or business with whom you contracted is responsible. The contract might be written or oral and the damage can be the loss of money or an opportunity.

Type of Breach Needed

Civil litigation arises when there is a material breach or a significant failure to comply with the contract.  If you are a builder who completes a construction project but the owner refuses to pay you the 50% balance owed, that is a material breach. An anticipatory breach occurs when a contract completion date has not arrived but a party clearly won’t or cannot meet it.

Types of Remedies

Breach of contract suits includes a variety of remedies. You may seek money damages to compensate you for your loss, such as the money you are owed for your construction work and your civil litigation costs. Some contracts state a specific amount of compensation as the remedy, called liquidated damages. Another remedy for contract breaches is specific performance, which allows courts to order completion of contracts. For example, a court can order the sale of a house or parcel of land when the seller breaches the real estate sales contract with you by refusing to sell.

Protecting your breach of contract rights can be complicated. A skilled contract lawyer at The Law Offices of W. Randall Holcomb will explain the law and be the advocate you need to pursue civil litigation. Attorney Holcomb and his team serve business clients throughout the Greensboro, NC, area. Contact them via their website or call (336) 888-8760 to schedule an initial consultation today with an experienced business lawyer.