If you feel that a contract or agreement that your company has made with another party hasn't been fulfilled, you may be entitled to file a breach of contract lawsuit to receive compensation for your loss. Instead of relying on your company's general lawyer to handle the case, it's important to consider hiring an experienced commercial litigation lawyer to do the legwork. Here are a few crucial questions a litigation lawyer can help you answer:
Has a Breach Actually Been Committed?
If you aren't sure whether or not a breach has actually been made, your litigation lawyer will do the research and investigating needed to determine whether your litigation case is worth filing. Litigation lawyers have a lot of experience with breach-of-contract cases, so they understand all of the questions that need to be answered when deciding whether or not you've got a case on your hands, such as:
Was a written contract in place that was signed by both parties, or was the contract verbal?
What exactly was required of each party within the contract, and what parts of those requirements were not met?
Were any modifications made to the contract throughout it's lifetime?
What kind of legal defense does the other party have for breaching said contract?
What types of damages occurred due to a breach in the initial contract?
By answering questions like these, your litigation lawyer should be able to determine whether your case is worth anything, and if so, how much. This will help you decide whether you want to go through all the trouble of filing a lawsuit within the legal system.
Is the Lawsuit Material or Minor?
Another thing your litigation lawyer can help you decide is whether your breach of contract case is material or minor. In a material case, you usually do not have to follow through with your contract commitments. In a minor case, you may still be able to file a breach of contract lawsuit but still be required to fulfill the contract.
For example, if you ordered a product from a manufacturer with a stipulated delivery date outlined in the contract and the product was not delivered on time, you're likely looking at a material case in which you can withdraw from your contract without penalty. However, if the product was delivered late and a delivery date was not specified in the contract, you may be dealing with a minor contract that you legally have to fulfill when all is said and done.
Your lawyer will have to decide whether any part of your contract was fulfilled by the other party and how the breach affected your business overall, which will help ensure that you know exactly what to expect throughout the litigation process.
What Effective Remedies Can Be Identified?
There are a variety of remedies that can be utilized to settle your breach of contract case, so it's important to have an experienced litigation lawyer identify the best options and present them to you so you can decide together which route to take. Just because a remedy seems good to you doesn't mean that it's your best option—a litigation expert will thoroughly lay out your options so you understand each one and can make an educated decision about how to settle your case. Your lawyer may suggest that you ask for:
Compensation for damages or loss of investment.
An immediate change in the other party's performance.
The immediate cancellation of your agreement.
The restitution of any goods or services that you have provided to the other party.
Depending on whether you're facing a material or minor breach of contract lawsuit, your lawyer may be able to implement several types of remedies simultaneously.
Schedule a consultation with a qualified litigation lawyer to learn more about how their specialty services can help your company.