What should you do if you are the victim of a breach of contract in San Diego?  What actions are you required to take by law to protect your financial position so that you can recover any resulting losses or damages?  Is a lawsuit the best strategy to resolve the breach of contract?

The experienced contract and dispute attorneys at the Watkins Firm will guide you through this challenge step-by-step.  The first action you should take is to contact the Watkins Firm or call today for a free and substantive consultation at 858-535-1511.

Your First Responsibility When the Other Party Has Breached a Contract

Your first responsibility when the other party has breached a contract is take prompt, reasonable and prudent steps to mitigate the damages.  California law requires the party who has been harmed by the breach of contract to take reasonable and timely action to decrease the impact of the breach upon their own business and to “mitigate” the potential losses that might result. This preserves your legal ability to recover any losses or damages associated with the contract breach down the road. We guide our clients on the actions to take and help to immediately document these actions, the facts surrounding the dispute and the resulting impact upon our client’s business.

How Can the Watkins Firm Help a Victim of a Breach of Contract in San Diego and Southern California?

How can the Watkins Firm help a victim of a breach of contract in San Diego and Southern California?  The answer is simple: we bring the successful, proven track record of more than 40 years of experience in the resolution of breach of contract cases to protect your interests and accomplish your goals in a timely, efficient manner.

The first step is to create a solid chronology of the events which took place, actions which were taken (or not taken) and assemble supporting documentation and communications.  We master the financial consequences of the breach and the costs associated with completing the original “benefit of the bargain” when possible.  Business litigation is all about the chronology of events and associated damages.  These provide the leverage to gain the attention of the other party through a carefully crafted strong demand letter and open the process of negotiation.

Your Watkins Firm attorney will work diligently to negotiate a resolution that meets your goals and objectives while preserving the maximum benefit intended by the original agreement.  We are able to resolve the vast majority of our breach of contract cases through effective, leveraged negotiation.

What Happens if Negotiations are Unsuccessful in a Breach of Contract Case?

If negotiations are unsuccessful in a breach of contract case the next step is usually to file a lawsuit.  This can often help to get a stalled process moving forward toward resolution.  The Court will require a mandatory Settlement Conference in an effort to resolve the case.  If this is unsuccessful, the next options are business mediation and/or arbitration.

Mediation and arbitration are separate legal venues that provide a less expensive and more timely resolution to protracted disputes when compared with a trial.

As the victim of a breach of contract you are almost always in a position of strength.  Business mediation is a private and confidential process which keeps your business and financial information out of the public record while creating an environment which is conducive to a settlement.  The mediator works with the parties to evaluate the strengths and weaknesses of their case and ultimately reach agreement on part or all of the issues at hand.  The goal of business mediation is a settlement agreement.

Many business contracts specify arbitration as an alternative to trial.  The process is much shorter than a trial and is tailored by the arbitrator to marshal the evidence, collect testimony and render an award or decision. Arbitration will resolve the matter one way or the other as it is usually “binding.”  In binding arbitration, the decision of the arbitrator is final and cannot be appealed (except in very rare circumstances involving fraud or collusion).  If you are considering arbitration you will need the proven experience of the Watkins Firm on your side of the equation.  Arbitration is almost always final.

The Watkins Firm Represents Our Client in Every Legal Venue

The Watkins Firm is uniquely positioned to represent you at each phase of the process, from negotiation, through mediation and arbitration.  When necessary, we represent our clients before the Court and seek appropriate financial damages on behalf of clients who have suffered losses when our client is the victim of a breach of contract in San Diego or Southern California.

We work to accomplish your goals and objectives in a cost-effective and timely manner.  Draw upon our 40+ years of proven experience and track record of success. We invite you to review our Podcast Episode 5 – Breach of Contract, the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.