Is it possible to enforce a contract in San Diego?  Are you involved in a business or personal dispute based upon the failure of one of the parties to abide by the terms of a contract?  The proven breach of contract attorneys at the Watkins Firm have more than four decades of experience in these cases and take a unique approach designed to resolve a contract dispute quickly and in a cost-effective manner.

Can You Force a Party (Though a Lawsuit) to Fulfill a Contract in California?

Unless the contract involves real estate, it is usually not possible for one party to “force” another to perform on an agreement or contract.  The Court will almost always seek to establish “damages”, a financial settlement that allows the plaintiff to recover to the point they would have enjoyed as a result of the “benefit of the bargain.”  In other words, how much will it cost for the plaintiff to find another solution or vendor that fulfill the contract and put them in the same position as if the original contract had been fulfilled?  Once damages have been established and ordered by the Court, the plaintiff can proceed with attempts to collect upon them.

The victim of a breach of contract has a responsibility under California law to mitigate the damages associated with the contract breach.  They must take prompt, reasonable, prudent action to limit the extent of damages associated with the breach.  The failure to do so can be used as an effective defense against a breach of contract lawsuit.

Often, the best option to enforce a contract in San Diego or anywhere in California lies in a negotiated settlement or modification to the original agreement to provide time or flexibility for the parties to comply, and to offset the incremental cost to one or more of the parties.

Pro-Tip: “As an experienced business contract attorney with more than four decades of service in California contract disputes, I can tell you that it is often in your business interest to choose a different legal option for enforcing a contract in San Diego than going to trial. As your attorney I work to ensure that you have as many options as possible and the proven skill and guidance to see you through.

What’s really the essence of these disputes? Everybody writes their contracts differently and there are laws on every type of contract in the state of California, as well as how to interpret that contract. However, some of the clauses may be unenforceable, and some judges may read them differently than others. It never really matters unless there’s a lot of money at stake. So if something like that happens, go see an experienced business contract dispute resolution lawyer who won’t just say, “you need to follow a lawsuit,” and who will first try to negotiate some kind of resolution and see if it’s possible for you to receive the benefit of the bargain, try to work it out.” – Dan Watkins, Founding Partner

Did you know the Watkins Firm is able to resolve the vast majority of our contract disputes and breach of contract cases through effective, leveraged negotiation?  We work to quickly and efficiently construct a thorough chronology of events and a mastery of potential damages.  We use this information to advise our client, as well as to gain the other party’s attention, focus on the issues at hand and forge an agreement which allows the parties to achieve the original intent of the contract.  In other cases it may be necessary to negotiate the payment of damages or other mutually acceptable compensation for the failure to perform on the original agreement.  This is the fastest and least expensive path to enforce a contract in San Diego or anywhere in California.

Mediation and arbitration are timely and often cost-effective alternatives to pursuing the case at trial.  The experienced, proven team at the Watkins Firm provides sound counsel in contract disputes and breach of contract cases.  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.