Breach of Contract Lawyer in Los Angeles
A breach of contract is a failure, without legal excuse, to perform any promise that forms all or part of the contract. This includes failure to perform in a manner that meets the standards of the industry or the requirements of any express warranty or implied warranty, including the implied warranty of merchantability. A breach of contract might occur when a co-worker refuses to complete her portion of a job; when an employee does something prohibited by his job contract; or even when a customer prevents the contractor from satisfying the obligation or finishing the project at hand. Contact Los Angeles breach of contract attorney for free legal consultation or with any legal questions or concerns.
Under contract law, the breach of contract can be categorized as material or immaterial, depending on the type of damages the at-fault party has caused. A material or total breach occurs when the duty not performed is so essential that the main purpose of the contract cannot be fulfilled. An immaterial, or partial breach occurs when the majority of the duties specified in the contract have still been performed. You can still seek damages after a partial breach, but you cannot terminate the contract.
Regardless of the type of contract breach, you need to establish a few facts to build a credible case should you take the breach to court, and this can get tricky, especially if the contract was verbal or implied. In most breach of contract cases, you must verify that:
- The contract existed.
- The contract was broken.
- You lost money.
- The defendant was responsible.
The Los Angeles breach of contract attorneys at Boyd Law handle all types of business disputes, including breach of contract claims. We can help you by reviewing your contract and determining what rights, obligations, defenses or remedies you may have.
While it is not possible to prevent problems and disputes completely, the risk of disputes can be reduced through the use of well-drafted documents, intelligent risk management, and sound decision-making. From a practical standpoint, certain risks will always exist. The Los Angeles business law attorneys at Boyd Law can help their clients minimize risks and make informed business decisions about how to proceed. We can review and evaluate contract documents; draft contract documents; advise about rights and remedies; negotiate with owners; sureties, subcontractors, and suppliers; and resolve disputes through negotiation, mediation, arbitration, or litigation.
When representing California businesses, the Los Angeles breach of contract lawyer professionals at Boyd Law search for cost-effective resolutions of all contract disputes. At times this search leads the firm to recommend early negotiation, mediation or arbitration and other times the most cost-effective resolution can only be obtained through trial. Los Angeles breach of contract lawyers at Boyd Law stand ready, willing and able to try the most complex commercial breach of contract cases in California.
Remedies for Breach of Contract
If a breach of contract occurs, then the injured party may be offered a remedy in the form of legal remedies, or money damages, equitable remedies, or restitution by the California courts. Legal remedies are limited by certain principles, and certain damages are awarded only in specific situations. Equitable remedies can be awarded alone or alongside legal remedies. They may include a specific performance requirement, injunction, or restitution. Restitution is when the offending party must provide the injured party with the exact property given to him by the plaintiff (specific restitution) or a sum of money that reflects the extent to which the breach has injured him (substitutionary restitution)
Having an experienced lawyer evaluate your breach of contract claim is imperative because not all breaches actually invalidate the contract. A Los Angeles breach of contract attorney from Boyd Law can address your concerns and help you with your case. Contact our office today at 310-777-0231 for a free consultation.