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What to expect in a breach of contract lawsuit

| Jun 18, 2021 | Business Law |

Your supplier has stopped returning your calls after taking payment and not delivering the materials that you need. Alternatively, someone that you agreed to provide services for never paid you, but now they want to claim that you breached the contract, not them.

Some breach of contract issues are easy to resolve. A quick email to the other party or a strongly-worded letter from your attorney may be all that is necessary to resolve the issue and move on with your business. Unfortunately, some contract conflict results in litigation.

When you and the other party can’t resolve the matter on your own or you don’t agree about the way to resolve the issue, breach of contract proceedings in court may be necessary. What can you expect during such litigation?

The judge will scrutinize the contract itself

Before a judge can order specific performance or award damages in a breach-of-contract claim, they first have to verify that the contract is valid and that one of the two parties violated it.

You will likely want to review your contract carefully before going to court because the judge presiding over the case will. In some cases, the ruling in a contract case can come down to the use of specific words or even the placement of punctuation.

You will need proof to show that your version of events is accurate

If you claim that you paid for goods you never received, you will need to have proof of payment. If the other party who wants to claim that you didn’t actually provide the service agreed to in the contract, internal records and photographs of your work will help you in court. You will need some kind of documentation to validate your version of events and convince a judge to rule in your favor.

What will the outcome be?

Judges can make many different determinations when dealing with a contract conflict. They might order one party to complete their obligations. They might void the contract. They might even award one of the parties damages because of the actions of the other business or individual.

Understanding the contracts and reviewing the documentation to support your claim can help you determine what to ask for in a breach-of-contract suit or how to push back against the claims of the other party.