A contract is a legally binding document that outlines the responsibilities and duties of each party involved in the contract. Once the contract is signed, it is binding. Failure by either party to uphold the terms of the contract is considered a breach of contract.
Unfortunately, contract breaches occur quite frequently, especially in the business world. When this happens, an attorney can help either party involved in the contract to resolve the dispute. Contract disputes can be complicated, which is why it is necessary to involve legal experts who can interpret the original contract to determine whether or not a breach occurred and if so, to what extent.
Types of Contract Breaches
There are two main types of contract breaches:
- Material Breach. A material breach of contract occurs when the terms are profoundly violated to the extent that the contract is completely and irreparably broken. In the event of a material breach, no other terms of the contract are able to be fulfilled. The party who is not in breach of the contract has the right to sue the other party for damages.
- Minor Breach. A minor breach of contract, sometimes called a partial breach, is a violation of just one or a few of the terms of the contract. The overall purpose of the contract is still intact and the remaining terms can still be carried out by both parties.
What to Do if the Other Party is in Breach of Contract
If you have entered into a contract with another party and you believe they are in breach of contract, it is best to contact an attorney who handles contract disputes. An attorney can review the contract and determine whether or not a breach took place according to the circumstances. The next step is to pursue legal action against the other party who has not upheld their responsibilities according to the contract.
What to Do if You are in Breach of Contract
In the case of an alleged breach of contract on your part, you need legal representation. You may be served with a lawsuit if the other party believes you have not upheld your part of the contract. A contract dispute attorney can represent you and help you avoid or reduce the consequences. Contact an attorney as soon as you are aware of a potential lawsuit.
Contract Disputes with the U.S. Federal Government
There may be cases where you are involved in a contract with the U.S. Federal Government. If a breach occurs, the litigation is governed by the Contract Disputes Act of 1978. These cases can be complicated, as well as the terms of the CDA, so it is always best to get help from an experienced contract dispute attorney.
How to Prevent a Contract Dispute
There are a few steps you can take to help reduce the likelihood of a contract breach, such as:
- Have an attorney create the contract. If you need to establish a contract between yourself or your business and another party, have an attorney draft the contract. This way you will be sure that the terms of the contract are fair and legal.
- Have an attorney review the contract before you sign. If you are presented with a contract from another party, don’t sign it or agree to anything without having an attorney review the contract first to make sure it is fair and legal.
Preventing the need for litigation is always preferable to suing the other party or being sued by them. When contracts are established under legal guidance there is a much lesser chance of a dispute.
Kelly Legal Group Provides Legal Services Regarding Contracts
Are you involved in a contract dispute? Kelly Legal Group has the experience necessary to represent you. Whether you need to pursue legal action against another party who is in breach of contract, or you are being sued for a contract breach, the attorneys at Kelly Legal Group can help.
Call (512) 505-0053 to schedule a consultation or request an appointment. We look forward to providing you with the legal services you need to settle your contract dispute.