Business Law Lawyer Charlottesville, VA
Picture someone hiring you to do a job for them. Now imagine that you have completed the job, but then the person who hired you never pays you for the work you did. This person has broken your original agreement, and now you face a financial loss due to not getting the money you were promised. This is a very common example of a breach of contract, which can happen to owners of small businesses, large corporations, independent contractors, and private citizens. Breach of contract can occur as a result of any party to an agreement not “living up to their end of the bargain.” When breach of contract occurs in business, the financial and practical consequences can be inconvenient, challenging, or catastrophic. Thankfully, your company doesn’t have to navigate a breach of contract situation alone. Working with an experienced Charlottesville, Virginia business law lawyer from Dale Jensen, PLC will allow you to make an informed decision about whether you should negotiate your way through this situation or file a legal claim against the party in breach. (Similarly, if you find your own company being accused of breach of contract, our experienced Charlottesville, VA business litigation lawyer can help as well.)
What is usually included in a contract agreement?
Contracts are formal documents that is typically established between two or more parties. When one of these parties has failed to uphold their end of the bargain per say, then a breach of contract has occurred. Lawsuits for breach of contracts are quite common, and tend to result in financial damages which one of the parties seeks restitution from the other. The judge may decide that the party who breached the contract must fulfill their task and/or compensate the plaintiff with a monetary award. When parties sign a contract, there are conditions and obligations listed that can include:
- Requirements for services
- Technical requirements (due date for project)
- Legal requirements
- Financial requirements (how much is to be paid for project)
- Other information requirements
- Whether progress of project needs to be reported periodically
What are the ways that a contract can become breached?
Breaches in contract can happen if one party doesn’t perform their duties in the manner as described in the contract, fails to perform their duties within a certain timeframe, or hadn’t fulfilled their responsibilities entirely. So, it is possible for a breach in contract to have occurred, even if one party did perform their duties but not with the result or manner as listed in the contract. An experienced Charlottesville, VA business law lawyer can explain whether a fundamental breach has occurred in your situation and can help you explore your options as a result.
What if I am the owner of a small business?
If you own a business and someone else breached the contract you signed together, then it is generally advised that you get legal assistance in handling the issue. Small businesses can be drastically impacted by a breach of contract. Not only do breaches cause annoyance, but they can lead to wasted time, money, and energy. Some breaches are more serious than others. Business owners can talk with an experienced Charlottesville, VA business law lawyer about their current situation for advice on how to proceed. There may be an easy resolution, or more of an in-depth investigation may be required.
What if one party won’t be able to perform their duties on-time?
There is a situation referred to as an “anticipatory breach”, where one party obviously cannot perform or finish their project within the listed time frame. For example, if you hired a contractor to finish your bathroom by the last day of the month, and it’s two days before that month is over and the contractor hasn’t even started, then you can reasonably assume he or she will not be able to complete the job on-time. If you have concerns about anticipatory breach, a Charlottesville, VA business law lawyer can help you navigate this situation, whether you are the one anticipating that you won’t be able to hold up your end of the agreement or the other party is poised to breach your contract. Contact Dale Jensen, PLC today.