Damage mitigation in a contract breach is required under California law or you risk the ability to recover losses associated with the breach of contract. What is required in order to mitigate the damages?
How Do You Mitigate the Damages in a California Breach of Contract?
California law requires you to take prompt, prudent action to minimize the impact of the breach of contract upon your business and to do everything reasonably possible to reduce associated losses. The failure to do so can be used as a defense by the breaching party to avoid financial responsibility for their failure to pay or perform.
If you are involved in a breach of contract you should contact the experienced dispute resolution lawyers at the Watkins Firm as soon as possible. We have extensive experience in breach of contract cases across our 40+ years of experience serving the business, science and tech, real estate and medical / healthcare communities here in San Diego and across California.
Pro-Tip: “Mastery of the damages is an important key in a breach of contract case. First of all, when you are in a lawsuit over a breach of contract or anything, you are investing money to get money. So if you don’t know how much you’re fighting for, how can you know how much you should spend?
Secondly, when we master the damages, we can prove what the damage to you is, if you obtain and collect all the evidence about the damages, even before you worry about why you were damaged or what law or portion of the contract was breached, you can understand the case, and the most effective path to resolution. You can help your lawyer and in the long run, you’ll be more successful in your case, by thinking about how you were damaged and the monetary costs associated with the breach, and then we can work it back to who breached what and who broke what law.” – Dan Watkins, Founding Partner
San Diego Business Attorneys at the Watkins Firm Guide You Through Damage Mitigation in a Contract Breach
Your Watkins Firm attorney will advise you on each step of the process, and guide you through the steps of damage mitigation in a breach of contract. Damages are the key to any business litigation or breach of contract case. Damages, under the law, represent the additional costs of bearing the consequences of the breach of contract and finding another party to deliver on the promises of the original contract.
If you believe a contract has been breached by another party you must mitigate the damages or risk the ability to recover losses associated with the failure to complete the agreement. It is often possible to negotiate a “settlement” or an agreement to amend the original contract in a manner that allows you to complete the original contract while providing additional consideration based upon the breach at hand.
Our legal team will thoroughly document the chronology of events as well as your damages throughout the process, and negotiate with the breaching party to help resolve the dispute and bring them into compliance. Our unique approach to litigation ensures that your contract dispute is resolved in the shortest possible timeframe and at the minimum of cost. If you are searching for information regarding damage mitigation in a breach of contract 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.
