People entering into a legal agreement usually create a written contract that outlines the obligations of each party. However, there’s nearly always a risk that someone may fail to meet the terms specified in the document. When this happens, a contract lawyer can help determine if a breach took place, the significance of such a breach and what legal remedies are available. Here’s how to recognize the differences between the two a material and minor breach of contract.

What’s a Material Breach of Contract?

This means one party failed to deliver on the agreement. In this instance, the non-breaching party has the option to pursue damages and is generally no longer required to perform their side of the obligations as stated in the contract. They may also be entitled to compensation to cover damages.

An example of a material breach would be a carpenter who failed to produce a piece of furniture after a buyer paid a deposit. The buyer won’t be required to pay the full amount, and can seek compensation for the deposit amount, loss of value, loss of time, and any costs associated with hiring another person to complete the project.

What’s a Minor Breach of Contract?

This occurs when the violation doesn’t significantly affect the overall fulfillment of the contract. In this case, the non-breaching party must still fulfill their obligations, and the breaching party must complete the contract.

For instance, if you hire a contractor to build a deck and the contract specifies the product used to seal it, a minor breach occurs if the builder forgets to apply the product. You can seek damages if the unforeseen delay results in additional expenses. An experienced contract attorney will help you weigh the cost and benefit of pursuing contractual damages and provide possible cost saving alternatives to litigation. 

If you want to explore your legal options after your contract was breached, turn to a seasoned contract lawyer at The Law Office of W. Randall Holcomb. These legal representatives help you gather evidence of the breach to recover the damages you deserve. They also help people draft contracts to ensure their rights are adequately protected. Call (336) 888-8760 to discuss your needs with a contract lawyer, or visit their website to learn more about their work with business law.