Charlotte Breach of Contract Dispute Lawyers
Fighting for Individuals & Businesses in Breach of Contract Claims
Written contracts are legally binding agreements between two parties setting forth the terms and conditions that both sides agree must be met. These contracts can involve employment, sales, service, tenancy, or other civil matters. They require certain elements to be included in order to be enforceable, such as both sides assenting, a valid offer made and accepted by the other side, what is called “adequate consideration,” which is generally payment, and the capacity or ability to perform under the contract’s terms. Where a breach occurs, it means that one side or the other failed to fulfill an obligation of the contract; this failure is generally without justification.
If you are involved in a breach of contract dispute as a business owner or an individual in or around the greater Charlotte area, we recommend that you turn to Wooden Bowers Vinson for help. Our firm concentrates its practice on civil dispute matters, such as breach of contract. Our skilled trial lawyers have the knowledge, experience, and resources to help you resolve your issue, whether through negotiation, arbitration, or in court. We provide personalized legal service that is friendly, transparent, and based on the hard work needed to fully pursue your best interests.
Breach of Contract Disputes
Breach of contract can involve any written contract between two parties. These failures to live up to the terms of an agreement can range from a failure to make a payment to a more serious case of failing to deliver on a promised asset or service, such as in a construction contract to build a house or a service contract to repair a damaged roof or sewer line. Breaches of contract are common in the business world where contracts form the foundation of business relationships with other businesses and the public.
Examples of breach of contract can include but are not limited to:
- Failure to provide services, as in vendor contracts
- Violation of employment contracts, such as non-compete or nondisclosure clauses
- Claims of misrepresentation, such as for assets used as collateral
- Violations of sales contracts, such as for nonpayment of an item sold
- Failure to perform, as in a construction contract
Breaches of contract can be minor or major and can fall into two classifications. One is an actual breach wherein a party fails or refuses to perform some obligation. The other is called an anticipatory breach where in a party gives advance warning that it will not be living up to a contract obligation.
One reason for a breach of contract is a poorly written contract that does not clearly state its terms and has ambiguous language. The contract could also fail to provide for circumstances that may change during the course of the agreement or it may not provide clear-cut ways to resolve a dispute should one arise. The drafting and review of contracts is thus critical to the avoidance of disputes. Other reasons for breaches may include misrepresentation or material facts that were not divulged at the time the contract was created, errors made by both parties, agreements made under duress, or other problems.
In order to prosecute and win a breach of contract case, it must be shown to the court that a valid contract existed and a breach against its terms actually took place. Generally, these issues are resolved through negotiation or at court where the breached party may seek financial damages for losses incurred or it may seek a remedy called “specific performance,” in which the breaching party is ordered to fulfill the terms of the contract by the court.
Ready to Discuss Your Breach of Contract Case?
If you are facing a breach of contract, whether as the breached party or the other side, you can turn to Wooden Bowers Vinson for skilled legal help. Our trial lawyers can thoroughly investigate your case, engage in skilled negotiation to help resolve it, or prepare your case for trial and bring it to court. We advise you to get the legal representation you need as early as possible to be apprised of your legal rights and how they can best be pursued.
Talk to a Charlotte breach of contract dispute attorney at (704) 327-5944 about the specifics of your case today.