Breach of contract occurs when one of the parties does not fulfill their end of the agreement.  It is usually triggered by failure to perform a specific task or function, or deliver specific goods or services within the established timeframe.  The easiest way to know for sure is that the timeframe is close or has already passed, or if the other party provides notice that they will not be able to fulfill their portion of the agreement.

Most business professionals will ask us something to the effect of “I just want them to do what they promised, can’t we force them to fulfill the contract?”  That is known as “specific performance” in legal terms, and it is very rare except in matters involving real estate.  If the matter does not involve a specific piece of real property, the court will want to assess and establish “damages” – a financial value for the failure to perform on the agreement and the cost to find another party to ultimately fulfill the contract services as well as any lost income or opportunity resulting from the breach.  Our most effective strategy is often simple negotiation.  As experienced business and contract attorney our clients appreciate the efficiency and cost-effectiveness with which we are able to resolve challenges and negotiate a positive resolution for all parties.

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To set up a free, no-obligation consultation with one of our knowledgeable San Diego business lawyers, call us at 858-535-1511 or contact us online.