Has your business suffered losses because another party failed to meet its contractual obligations? Has someone accused your company of breaching a contract? Either situation can lead to expensive, time-consuming litigation that disrupts your operations and affects your bottom line.
You don’t have to handle a contract dispute alone. Many companies rely on outside general counsel Detroit to address contract risks early and prevent disputes from escalating into litigation. An experienced lawyer can review the agreement, explain your legal options, and work to protect your company’s interests in negotiations or in court. Contact Demorest Law Firm, PLLC, for a free initial case review with a Royal Oak litigation attorney. Our firm represents businesses in Wayne, Oakland, Macomb, Livingston, Washtenaw, and Monroe counties, as well as clients across Michigan.
A breach of contract occurs when a party fails to fulfill an obligation under a legally enforceable contract. A valid contract must have an offer from one party, an acceptance of that offer without modification by another party, mutual assent by the parties to enter a contract, and an exchange of consideration or something of value. Parties can enter into oral contracts, though many types of transactions require written agreements. Implied contracts can also form from parties’ course of conduct in which they act as though an agreement exists between them.
Breaches of contract come in different forms. First, a party may commit a minor or material breach of contract. A minor breach of contract involves a violation of an agreement term that does not undermine the essential purpose(s) of the contract. After a minor breach, the non-breaching party must continue to perform its contractual obligations but can pursue legal action to recover losses resulting from the breach. A material breach of contract involves a violation that frustrates the core purpose or purposes of an agreement, allowing the non-breaching party to terminate its performance and pursue legal action to recover losses stemming from the breach.
Parties can commit actual or anticipatory breaches of contract. An actual breach of contract occurs when a party fails to perform an obligation when required by the contract. Conversely, an anticipatory breach occurs when a party’s time for performance has not expired, but they communicate, by words or actions, that they do not intend to perform.
At Demorest Law Firm, PLLC, our contracts attorneys frequently advise clients in cases involving breach claims arising from situations such as:
Our lawyers can assist your business with breach-of-contract cases involving vendor/supplier contracts, non-compete agreements, franchise agreements, master services agreements, confidentiality agreements, and commercial lease agreements. These issues often arise in transactions handled by a mergers and acquisitions attorney, particularly during business sales or acquisitions. Many disputes arise from issues that could have been addressed through effective contract drafting and review at the outset.
When parties file a breach of contract lawsuit, they may seek various remedies for the resulting losses. First, remedies in breach of contract litigation can include:
Parties may also go to court to pursue various equitable remedies after a breach of contract, which provide relief beyond monetary compensation. Possible equitable remedies in a breach of contract lawsuit include:
Certain legal principles also govern remedies in breach of contract litigation, including prohibitions on unduly speculative losses or on the imposition of punitive remedies.
A party facing allegations of breaching a contract may raise various defenses against a legal claim, such as:
At Demorest Law Firm, PLLC, our attorneys can also counsel you through breach-of-contract litigation involving alternative dispute resolution. Many contractual agreements require parties to submit breach-of-contract claims to ADR proceedings, such as mediation or arbitration. Our experienced legal team can advise you and advocate for your interests at the negotiating table, whether in informal settlement negotiations or in mediation. When breach of contract claims go to arbitration, our litigators can prepare a compelling case and advocate for your rights and interests before an arbitrator or arbitration panel.
Should a breach of contract dispute escalate to litigation, our law firm has the experience and skills to fight for you. When you have a breach of contract claim, state law imposes a deadline on filing lawsuits. For example, Michigan typically requires a party to file a breach of contract lawsuit within six years, although lawsuits arising from contracts for sales of goods have a four-year deadline. Furthermore, parties may agree to shorter deadlines for breach-of-contract lawsuits.
Breach of contract litigation can have significant financial consequences for you or your business, making the legal representation you choose one of the most important decisions you can make when facing a legal dispute. Turn to the Royal Oak contract lawyers of Demorest Law Firm, PLLC, to help your business manage the complexities of a breach of contract claim because of:
Whether you have a breach of contract claim against a counterparty or another party has accused your business of breaching its contractual obligations, you need legal representation to protect your rights and interests. Contact Demorest Law Firm, PLLC, today for a free, confidential consultation with a breach of contracts lawyer in Royal Oak, Michigan. Let’s discuss the details of your case and review your legal options for pursuing a favorable resolution to a contract dispute. We’re pleased to work with businesses throughout Michigan, including those in Wayne, Oakland, Macomb, Livingston, Washtenaw, and Monroe counties.
