The economies of California and the United States run on the faith that businesses deal with each other through contracts. Businesses enter into to contracts with other businesses and must have faith that what was contracted for is actually going to happen.
Breach of Contract
However, many times, this is not the case, and one party fails to perform under the contract terms. This is what is called being in “breach of the contract.” If this happens, the best course of action is to retain the services of an experienced California business breach of contract attorney. This attorney should be able to review the terms of the deal and to determine if there was a legally actionable breach of the contract and what, if any, remedies the business may have.
When to File a Breach of Contract Case
With over 600,000 civil cases filed in California courts every year, breach of contract cases between businesses covers a large percentage of that litigation. An experienced breach of contract lawyer has first to determine if there actually was a contract, written or otherwise. If there is a contract and it was breached, then a lawsuit has to be filed within a specified period, which is called the statute of limitations.
In California, breach of contract attorneys must file suit within two years’ time if the contract was oral. However, if the agreement was made in writing, then the statute of limitations is four years. This means that if you do not file within that time frame, then it is possible the business would be forever barred from trying to recover damages for the breach of contract. Therefore, it is imperative that if you believe your business has been the victim of a breach of contract, then you should speak to an experienced breach of contract attorney immediately.
Types of Damages
The next thing that an experienced business breach of contract lawyers should determine is what types of damages would the victim be entitled to under California law for the breach of contract. Several kinds of remedies are available. The goal of the solution is to, in the simplest way possible, put the plaintiff in the position he or she would have been had the defendant performed the contract terms in whole. The simplest way is to compel the defendant to follow the terms of the deal.
Another remedy would be to force the defendant to pay to the plaintiff money damages that would attempt to make the plaintiff whole. These “money damages” could consist of money that the plaintiff had to pay someone else to fulfill the terms of the original contract. Money damages could also be lost profits that the business suffered due to the defendant’s breach of contract. But the ultimate goal of a breach of contract lawsuit is to put the plaintiff in the best position possible had the contract been entirely performed by the defendant.
Breach of Contract Attorney in California
The attorneys at Leivia Law Firm have been representing parties in breach of contract lawsuits in Las Angeles and California for over 25 years. Let us help you and walk you through your breach of contract issues and determine the best course of action for your business. Please feel free to contact us at any time. The consultation is free.