Are you looking for effective breach of contract strategies for resolution in San Diego and throughout California?  Have you received notification that a contract may be breached?  A breach of contract dispute in San Diego doesn’t have to head into expensive litigation.  What do you need to know from the outset of a breach of contract case in San Diego?

3 Key Points about Breach of Contract Strategies in California:

• Breach of contract disputes and lawsuits are seldom resolved in a trial.
• Both parties in a breach of contract case have important, significant responsibilities
• Look for an experienced law firm with proven successful, effective breach of contract strategies who will work to resolve the dispute, not just milk a case and enflame the situation.

Breach of Contract Cases are Seldom Resolved in a Trial

It may surprise you to learn that breach of contract cases are seldom resolved at trial.  In fact, litigating a breach of contract in a San Diego or California court will almost certainly require much more than a year (or a couple of years) to get the case to trial and reach a conclusion.  For most clients the costs associated with business litigation in a breach of contract and the time involved is not an acceptable option.  Watkins Firm attorneys have more than four decades of experience resolving business disputes.   We understand the importance of preserving a productive working atmosphere while getting to the core of the issue(s) causing the breach, and developing a resolution that meets and exceeds our clients objectives.

Both Parties in a Breach of Contract Have Important Legal and Financial Responsibilities

The party responsible for the breach can be legally held accountable for the financial damages associated with the dispute.  What will it cost the party who is harmed by the contract breach to achieve the “benefit of the bargain?” Damages are the sum total cost of finding another alternative to fulfill the original contract, or, in essence, to get the victim of the breach to the point where they would have been if the contract been successfully completed.  Therefore, if a client may bear some responsibility for the situation, we work to reduce or mitigate as much of the potential damages opposing parties will experience.

The party who did not breach the contract (usually the “plaintiff”) has a serious legal and financial obligation to “mitigate the damages.”  The plaintiff must take reasonable, prudent and timely actions to limit the impact of the breach and resulting damages.  The failure to mitigate the damages provides a valuable breach of contract defense for the defendants in these cases.

Successful Strategies for a Breach of Contract in San Diego

The Watkins firm has developed successful breach of contract strategies here in San Diego and throughout California based upon a unique approach honed across more than four decades.  Our unique approach is designed to resolve a California contract dispute in the shortest possible time frame and in a cost-effective manner.  We start by quickly and cost-effectively constructing a thorough and well-documented chronology of events, as well as a mastery of any associated damages.  These are the tools we use to gain the attention of opposing parties and their counsel, and open constructive, leveraged negotiations.  The Watkins Firm is able to resolve the vast majority of our breach of contract and contract dispute cases through effective, leveraged negotiation.  This is the fastest, and least expensive path for resolving any business-related dispute.

There are many potential options to resolve a breach of contract in San Diego.  In some cases, Watkins Firm attorneys are able to negotiate a modification to the original agreement which allows the parties to complete their transaction while providing adequate compensation to the party who was the victim of the breach. In cases where it is not possible to complete the transaction and consummate the “benefit of the bargain,” a lawsuit is often filed, and a settlement agreement can be negotiated between the parties at either the Court’s settlement conference, or through mediation.

Mediation is a common strategy in many breach of contract cases.  Mediation is a private, confidential venue where a neutral third party with experience and expertise in the matters at hand works between the parties to help them to find common ground and reach a settlement. Many contracts specify arbitration as an alternative to a trial when a dispute arises between the parties.  Arbitration is less expensive than Court, and, in the hands of an experienced arbitrator, less risky.  A strong, experienced arbitrator has the authority to establish the process the arbitration will follow, marshal testimony and evidence, and render a decision (ruling) that is final in almost all circumstances.

Pro-Tip: “What is a breach of contract in San Diego or anywhere in California?  A breach of a contract is when someone breaches a material term of the agreement or an immaterial term of the agreement. And you have different remedies for either. So what are some examples of immaterial failure or a material breach?

Failure to perform most of or part of the contract or an important part of a contract, anything that would render the benefit of the bargain not received. A minor breach means that you still have a contract. You still have an agreement and you can demand performance, or you can demand that you have to give less performance on the other side, but yet the contract isn’t completely breached and it’s not over. A material breach gives you more remedies, remedies that are important and may sound minor today. But there’s been many a situation where having a material breach gives the party who was breached or damaged the right to rescind the contract or the right to specific performance, and forced the performance of the contract. All of these things have amazing consequences, if you look at factual situations in breach of contract law.

So in a material breach, the non-breaching party no longer has to obey the terms of the contract.  That’s what’s called choice of remedies in a material breach. The person who’s been damaged by the breaching party has all kinds of choices they can make. And depending on the kind of contract, the subject matter of contract, whether it’s a real estate contract or a commercial contract, they have the right to choose through a whole list of remedies, including provisional remedies and the list goes on and on. This is as opposed to a minor breach. Whereas your remedies are, are much fewer.

Damages are what the law can afford you in a civil case. In a criminal matter, the law can afford you incarceration of the offending criminal, but in a civil matter, since your contract and your agreement was mostly about money, then you get money back. And the only time you don’t just get money is when it’s a case where a law will afford you an injunctive or provisional remedy, which is for unique types of damages and unusual circumstances.

First of all, when you are in a lawsuit over a breach of contract or anything, you are investing money to get money. So if you don’t know how much you’re fighting for, how can you know how much you should spend?
Secondly, if you master the damages, if you can prove what the damage to you is, if you obtain and collect all the evidence about the damages, even before you worry about why you were damaged or what law was breached, you can understand the case, the way a litigator understand understands it. You can help your lawyer and in the long run, you’ll be more successful in your case, by thinking about how you were damaged, and then working it way back to who breached what and who broke what law.” – Dan Watkins, Founding Partner

Proven Breach of Contract Resolution Attorneys

Are you a party to a breach of contract in San Diego? Learn more about how the Watkins Firm and the best breach of contract strategies for resolution in San Diego and throughout California, while accomplishing your goals and objectives in the matter. The fastest and most cost-effective solution is to review our podcast Episode 5 – Breach of Contract as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.