Damages are the key to a breach of contract case. California law does not provide “specific performance” (the ability to force a contract partner to perform) except in real estate related cases, so the primary focus of a breach of contract case is going to be damages. Damages are, in effect, the cost to the victim of the breach of finding another solution to receive the “benefit of the bargain” anticipated by the completion of the original contract. However, damages must be documented, realistic and based upon measurable and knowable data – not conjecture.
In addition, the victim of a breach of contract has a legal obligation to take reasonable and prompt action to mitigate the losses and the impact of the breach upon their business. The failure to do so can and will limit the extent of the damages they are able to recover from the breaching party. Understanding the extent of the damages is the key to resolving any breach of contract case. The experienced attorneys at the Watkins Firm have decades of expertise in these cases, and provide our clients with guidance on how to preserve, document and maximize the recovery of damages, while working to resolve the underlying breach of contract dispute.
The other important concept in breach of contract cases is time. Business litigation in California often takes more than a year to get before a Judge, and most of our clients have the objective of resolving their case in the fastest possible time frame and in a cost-effective manner. Our attorneys carefully analyze and document the damages associated with the breach, and use that information as leverage to negotiate a resolution with the breaching party to either perform on the original agreement or pay our clients the proper amount to recoup their losses and the additional costs they have borne as a result of the breach.
If you are the victim of a breach of contract we invite you to contact us or call for a free and substantive consultation at 858-535-1511.