San Diego Breach of Contract 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 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. 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.
Contact Experienced Breach of Contract Attorneys in San Diego
Call us today at 858-535-1511 for a free and substantive consultation, or contact us to schedule a meeting in our offices. We will help to identify your options and goals for the breach of contract, and develop a strategy to protect your interests and achieve the best possible outcome in your case.