San Diego Breach of Contract Defense Attorney
Defending allegations of breach of contract is important for any business or professional. There are times when you are simply unable to fulfill your end of a contract, or when situations occur that make it impossible to do so, such as a natural disaster or the loss of a major supplier. The other party to the contract cannot usually force you to perform (unless the transaction involves real estate), which limits your exposure to the damages caused by the breach of contract.
There are specific actions you can take to eliminate or reduce your exposure to business litigation in breach of contract cases. If you have been accused of or are in the process of defending allegations of breach of contract in San Diego you should contact the experienced breach of contract dispute resolution lawyers at The Watkins Firm immediately for a free and substantive consultation at 858-535-1511.
Anticipatory Breach and Notification
When a party to a contract encounters a challenge and believes it may not be possible to fulfill the original terms of the agreement, one option that should be considered is notification. The purpose of providing notification is to create an opportunity to work collaboratively through the challenge, and perhaps agree to modification of the original contract. The inherent risk of this strategy is the other party can use this notice as an “anticipatory breach” as a reason to begin legal proceedings and use it as an opportunity to try to get out of the contract.
UCC regulations require the party to request an “adequate assurance of performance” and if they do not receive adequate assurance they have greater legal standing to move forward based upon an anticipatory breach. The key to these situations is experience and expertise, and the ability to negotiate a successful resolution. The attorneys at the Watkins Firm have served the San Diego business community for decades, and bring extensive practical and legal expertise to support our clients through these challenging situations.
Raising Affirmative Defenses
There are several legal defenses to a breach of contract lawsuit, and our lawyers consider all “affirmative defenses” to counter a breach of contract action. Some affirmative defenses include:
- You Were Induced to Enter the Contract, or There Was an Element of Fraud
- The Contract is Illegal or Unconscionable
- The Contract is Indefinite or There are Mistakes in the Agreement
Affirmative defenses may release you from any liability relating from contract performance or a breach of the original agreement.
Alternatives to Breach of Contract Business Litigation
Breach of contract business litigation is expensive, time consuming and often not in the best interest of any of the parties involved. Some contracts specify alternative dispute resolution strategies such as mediation or arbitration.
The fastest and least expensive resolution lies in negotiation. You may be pleased to learn the Watkins Firm has more than four decades of experience in breach of contract case resolution. We are able to resolve the vast majority of our breach of contract cases through effective, leveraged negotiation. This is the least expensive, and fastest way to resolve any breach of contract case.
The attorneys at the Watkins Firm work to maintain a productive atmosphere while seeking to find common ground while negotiating a solution that meets the needs of the parties. We serve our clients throughout the breach of contract process by understanding their objectives and the outcomes they are striving to achieve.
Breach of Contract Cases in San Diego and Throughout California are All about Experience and Effectiveness
After decades of experience resolving thousands of business disputes and litigation in San Diego and throughout California, we can tell you that the key to resolution lies in experience and effectiveness. The skill of the Watkins Firm’s attorneys, and the depth of our business experience and expertise allows us to quickly get to the core of an issue, and effectively navigate through the issues of a dispute and the personalities involved to craft a solution that meets our client’s objectives. If you are involved in a contract dispute or business litigation we invite you to contact us or call for a free consultation at 858-535-1511. Expedient. Cost Efficient. Effective.
Call 858-535-1511 for a Free Consultation
As a business, we understand the importance of protecting your business throughout its lifetime, from formation to eventual sale or dissolution. We get to know your business and understand your goals and objectives so that we can provide the most effective combination of advice and services to help you reach them. We have worked with literally thousands of local and regional businesses and can help you to avoid business disputes and pitfalls, and prosperously grow your business. Contact us online or call 858-535-1511 to discuss your case with our knowledgeable breach of contract lawyers in San Diego, California.