Centennial, Colorado, is home to a hectic business world. Every day, individuals and businesses in Centennial form professional relationships and conduct transactions. During these relationships, each party has a legal obligation toward the other. These obligations are made official in a written or unwritten contract, 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. These lawsuits either seek damages for the breach or an order declaring the other party performs their obligations as detailed in the contract.
If a contractual agreement you entered into was breached because of the non-performance of the other party, you might have a potential breach of contract case. Talk to a breach of contract lawyer in Centennial 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. Certain elements 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.
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 in a Breach of Contract?
Some contracts detail the penalties for a breach, while others have the option to seek any of the following remedies:
1. Damages – The Court orders a financial recovery that tries to place the injured party in the same or similar position that they were prior to the breach of contract.
2. Specific performance – The court orders the other party to perform their duty under the contract.
3. Damages and specific performance – The Court orders both a financial recovery AND for the party who breached the contract to perform a specific act.
4. 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 and involve the following categories:
- 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 breach of contract issues do not legally require hiring a lawyer or require court proceedings, hiring a breach of contract lawyer in Centennial is advisable. An attorney specializing in civil litigation 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 needed 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 you deserve. They can also assist you in negotiating the terms of your contract to prevent future legal disputes.
Contact a Centennial Breach of Contract Attorney Today
If you suspect that a contract you are a party to has been breached, contact Burnham Law’s breach of contract lawyers in Centennial 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.