Signed, written agreements are an integral part of business in California and throughout the country. Particularly in the construction industry, a signed agreement not only specifies the type of work or service being provided but who will provide it, when it will be completed and how much it will cost. It is relatively common for a contract dispute to arise when one party accuses the other of breaching the terms they have agreed to in writing.
Have all obligations been fulfilled?
A logical question to ask regarding possible breach of contract is whether the obligations set forth in the contract have been fulfilled. If the answer is, “No,” then further questioning may be necessary in order to resolve the issue. Who owes the obligation that has not been fulfilled, and why has it not been fulfilled?
Whether a breach is material or immaterial is likely to have a significant impact on the amount of damages a party filing a lawsuit may claim. An immaterial breach of contract is a failed obligation that does not affect the overall value of an agreement or its ability to be completed.
Numerous options for resolving breach of contract issues
If a lawsuit is filed regarding a breach of contract, a plaintiff may make several in court. These might include cancellation of a contract, seeking specific performances to fulfill an obligation or restitution for damages that have occurred. Contract issues are often complex and difficult to resolve, even when terms have been written in a clear and concise manner. This is why it is helpful to request a meeting with an attorney who is well-versed in California contract laws before heading to court.