What is a proven process to resolve contract disputes in San Diego and how can you accomplish your goals in a timely and cost-effective manner?  This question forms the basis for the Watkins Firm’s unique strategy for resolution of business and individual contract disputes.  Our approach to these challenges is based upon decades of experience resolving business and interpersonal disputes throughout the San Diego region.  Our success and proven track record at trial provides incentive to opposing parties and their counsel to eliminate the posturing and work on a productive solution.  They know we are prepared to take our case to trial from the outset.  They know we have a very high percentage of winning our cases at trial.  They are also aware of the extended time frame and costs associated with protracted litigation.  In a small percentage of our cases this is the only way to accomplish our client’s goals.

The effective business contract attorneys at Watkins Firm carefully craft our own contracts to eliminate vague or obtuse language to ensure there is no room for dispute.  We anticipate every foreseeable challenge which might arise, and address it within the contract.  This eliminates most disputes before they ever arise.

We resolve most of our business to business disputes and contract disputes with effective, leveraged negotiation.  The key to any business litigation is a strong chronology and mastery of the damages.  A thorough, well-documented chronology of events provides the strength to control the narrative, and speak concisely and factually. The financial damages provide the leverage needed to capture the immediate attention of the other parties and open productive, focused negotiations focused upon finding common ground and negotiating a “settlement” or other solution.  The Watkins Firm is able to use effective, leveraged negotiation to resolve the vast majority of our contract dispute cases in the most cost-efficient and timely manner.

Pro-Tip: “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 has an option to no longer 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 less.

When I advise my clients, I tell ’em the most important item in litigation is not whether you are liable or they’re liable, or somebody breached. I say the three most important things in a lawsuit are: damages damages damages.

And I say, it just like, you know, location, location, location, because it’s that important in the type of damages you can obtain are so varied that if you focus on whether you’ve been damaged under the law, there will be a statute or a case that says you are entitled to those damages. So if you track it backwards from I lost a hundred thousand dollars in this deal and how you lost it on those facts and what you did lose, you’ll probably find 99% of the time, a statute or a law or a case or something that gives you a remedy, a right to those damages and how you can collect.” – Dan Watkins, Founding Partner

When negotiations do not resolve every aspect of a dispute the next step in the process to resolve contract disputes is mediation and/or arbitration.  It is important to have experienced, effective legal representation in these venues.  While mediation is much less “structured” than mediation our attorneys help to advise our clients and influence the process to obtain a favorable outcome.  Arbitration is a much stricter legal environment and the ruling of the arbitrator is almost always permanent and not open to appeal.  Our experienced attorneys employ a proven process to resolve contract disputes in San Diego and how to help you accomplish your goals quickly and cost-effectively.

We invite you 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.