To seal professional relationships and transactions, two parties usually meet to determine each party’s obligations. This is made official in a written or unwritten document, which binds the parties legally.
The failure of one party to perform according to the terms of the contract gives the other a right to pursue a breach of contract case. This legal procedure to either seek damages for the breach or obtain a court order for the other party to perform their obligations is afforded to protect the rights of the parties under the contract.
If a contractual agreement you entered into was breached because of the non-performance of the other party, you may have a potential breach of contract case. Talk to a breach of contract lawyer in Boulder who can evaluate the circumstances and inform you about your remedy options.
What Constitutes a Breach of Contract?
At first glance, a breach of contract seems pretty simple — a party to a contractual agreement fails to meet the terms or perform their obligations under the contract. However, the simple failure to meet contractual obligations may not be a breach per se. There are certain elements that constitute a breach of contract, all of which must be met before a lawsuit can be instituted:
1. The existence of a contract
For there to be a contract, there must have been a meeting of the minds between the parties about a particular subject or offer. The offer must have been accepted in exchange for a certain consideration. These are the elements of a valid contract. Absent one of them, a written or oral agreement will not constitute a contract.
2. Proof that you performed your obligations or that there are legitimate reasons for your non-performance
Before you can sue for the other party’s non-performance of their contractual obligations, it must first be proven that you did your part. At the very least, you should have substantially performed your end of the agreement, which means that the other party received what they asked for even if the details were not exactly carried out.
3. Proof that the other party failed to perform their obligations
If you completed your end of the contract, it is the other party’s responsibility to perform their own obligations. If they don’t and all the other elements are met, they can be said to have breached the terms of the contractual agreement.
4. The non-performance of the other party caused you damages
For there to be a breach of contract, you must have suffered some sort of damage because of the non-performance. This can be in the form of losing income or other economic or non-economic damages.
What Damages Can I Sue for Breach of Contract?
If you choose to pursue a breach of contract case, you have the option to seek any of the following remedies:
- Specific performance – The court orders the other party to perform their duty under the contract.
- Damages and specific performance
- Cancellation and restitution – In the former, the contract is canceled or voided, relieving all parties of their obligations. In the latter, the party at fault needs to return everything given by the non-breaching party so that they are returned to their position prior to the breach.
Damages are the most common remedy for a breach of contract. You can sue for the following:
- Compensatory damages – payment to return the innocent party to the position they were in before the breach.
- Punitive damages – punishment for the wrongful party in the form of payment.
- Nominal damages – awarded to the non-breaching party if there are no actual losses proven because of the breach.
- Liquidated damages – actual damages and losses that are identified in the contract.
Do I Need a Lawyer to Sue for Breach of Contract?
Although not all breach of contract issues demand a lawyer’s assistance or require court proceedings, you should hire a breach of contract lawyer in Boulder. An attorney specializing in civil litigation field can help you review the facts of your case and determine your possible options so that you can make an informed decision about what route to take.
How Can a Breach of Contract Lawyer Help You?
A breach of contract lawyer can help you weigh your options and advise you on the best actions to take to remedy the breach of contract. An attorney will review your contract, build a solid case, and represent you in court to increase your chances of retrieving the damages that you deserve. They can also assist you in negotiating the terms of your contract to prevent future legal disputes.
Contact A Boulder Breach of Contract Attorney Today!
If you suspect that a contract you are a party to has been breached, contact our breach of contract lawyers in Boulder today. We can help you determine if you have a potential case and take the necessary steps to retrieve the damages you are entitled to.