Contracts are legally binding documents that outline each party’s responsibility to each other and any specific terms each party needs to satisfy to complete the agreement. Contracts are essential for businesses and individuals alike because they protect you from liability when properly enforced and followed. Breaking the terms of a contract or being in breach of contract can have far-reaching consequences. Here’s what your Virginia business contract lawyer wants you to understand about breaches and what you can do if someone breaches an agreement you’ve entered into.
What Does It Mean to Be in Breach of Contract?
Being in breach of contract means one or more of the parties named in the contract has failed to satisfy the terms or responsibilities they agreed to or when one party changes the terms of the agreement without the other party’s approval or consent. These breaches will look different depending on the type of contract you’re enforcing, the terms of the contract, and the exact obligations you’ve outlined. If you one of the parties you entered into a contract with breaches the contract, you may be able to take legal action against them.
How to Prove That a Breach Happened
Before you can file a lawsuit against the breaching party, you’ll need to be able to prove that a breach happened in the first place. Though every situation is unique, there are a few key elements you’ll need to show before you can initiate your case. This includes the following:
- A legally enforceable contract: Some contracts may include terms that make them legally unenforceable. Your Virginia business contract lawyer will be able to review your contract to determine if the terms and conditions are enforceable under local regulations. If they are, you may be able to file a lawsuit.
- Proof that the contract was breached: You’ll need to show how the other party breached the contract. This may be demonstrated through their actions like failing to pay you on time or in full as outlined in the agreement. The exact type of proof you’ll need will depend on the type of breach you’re experiencing. Your attorney will be able to advise you and can help you collect the necessary proof.
- Proof that you’ve suffered as a result: You’ll also need to show how you’ve suffered as a result of the breach of contract. This may involve showing a loss of profits or other business difficulties directly tied to the breach. Again, your attorney will be able to help you compile the necessary proof.
If you can show that the breach happened and that you suffered as a result of the breach, you may be able to file a lawsuit against the other party. If you think someone breached the terms of your contract, consult with an attorney immediately.
The Types of Damages You May Seek
The types of damages you may seek depend on the type of breach of contract you’re experiencing and the injuries you’ve suffered. However, some of the most common options include the following:
- Compensation for damages suffered
- Punitive damages
- General damages for pain and suffering of your business
Your attorney will be able to advise you on which types of damages you should pursue and which you may want to leave off the table. Remember, they’ve represented cases like yours in the past and have a better understanding of the types of damages you may be able to recover based on the nuances of your situation.
Why Working With a Virginia Business Contract Lawyer Is Key
If you think a party you entered into a contract with has breached the terms of the agreement, working with a Virginia business contract lawyer is a great option. Your attorney will be able to review your case and help you decide if filing a breach of contract lawsuit is worthwhile.
If you’re looking for an experienced business contract lawyer to represent you in a breach of contract case, look no further than AC Rieman Law. Contact us today to schedule a free consultation.