Buffington Law Firm's experienced team of breach of contract attorneys have successfully litigated many claims in which one side has alleged breach of contract. Usually such contract will be a written document. As discussed in last week's Blog article, the threshold question in a breach of contract lawsuit usually must be the question as to whether there existed, in fact, an enforceable contract. California Civil Code Section 1550 delineates the critical elements necessary for an enforceable contract to exist.
Buffington Law Firm's experienced team of breach of contract litigation attorneys have often brought, or defended against, breach of contract claims. Often these claims seem straightforward -- there was an agreement, perhaps even a written agreement, and one side failed to carry out his or her side of the bargain. However, sometimes it is more complicated than that. One of the threshold questions must always be the question as to whether there was actually a contract between the parties.
When you delegate a task to a specific person or party, you expect her or him to complete the work. If the party does not complete the agreed upon work within the set timeframe, or at all, you may be eligible for a breach of contract dispute.
In an ideal situation, business agreements would all be fulfilled in a manner that mutually benefits all parties. Unfortunately many disputes can arise in the course of doing business. Whether it is a financial issue, delay, miscommunication or some other hindrance, contracts can be broken. You should understand when an unfulfilled obligation classifies as a material breach.
Businesses depend on contracts to operate successfully. When one or more parties involved in the contract fail to meet the legal obligations, the contract is breached. Breaches can occur with vendor contracts, commercial contracts, joint venture agreements, employment contracts, supplier contracts and buy-sell contracts. Some breaches of these contracts warrant cancellation of the contract while others do not.
One of the recurring issues that Buffington Law Firm's Orange County business litigation attorneys deal with concerns personal guarantees. This is a frequently misunderstood issue in breach of contract lawsuits and often exposes people to legal liability that they did not know that they had.
Buffington Law Firm's experienced breach of contract trial lawyers often deal with the issue of attorney's fee provisions in contracts. As discussed in one of our recent blog articles, in California and most of the United States in a breach of contract lawsuit the loser normally does not pay the winner's attorney's fees as the result of a court judgment. However, California Civil Code Section 1717 makes an exception to this. If the contract that is the subject of a lawsuit in fact contains a provision stating that the winner of a lawsuit based upon the contract shall receive its attorney's fees this clause is enforceable.
One of the most common types of business disputes that Buffington Law Firm's business trial attorneys handle are lawsuits involving an alleged breach of a written contract between two businesses or individuals. These lawsuits have one feature that other types of lawsuits often lack: an actual written agreement the text of which, at least, is usually not in dispute.
Many breach of contract court cases that the business litigation attorneys at Buffington Law Firm have handled derive from situations where our client entered into a contract where the parties agreed "to save money and not use lawyers..." The fact that our Firm later became involved probably tells you all that you need to know about how that turned out.
This article continues our discussion of common pitfalls in contracts that Buffington Law Firm's Orange County business litigation attorneys have dealt with in breach of contract disputes. Breach of contract disputes are probably the most common type of business dispute. We hope that this article will help our clients and readers avoid these pitfalls. If you have a breach of contract issue, we invite you to call and speak to one of our experienced Orange County breach of contract attorneys as a free legal consultation.