The failure to perform breach of contract is, unfortunately, a common type of San Diego and California business dispute.  Failure to perform can be the result of several factors including, but not limited to:

• Not providing the entire offering of products or services specified
• Using sub-standard parts contrary to contract terms
• Missing established deadlines
• Failure to pay or to partial payment
• Poor Workmanship

Failure to perform on a San Diego business contract often rises to the level of a “material breach of contract.” This is a legal way of saying the contract is irreparably damaged and cannot be fulfilled.  This opens the door to substantial financial “damages” and other compensatory obligations on the part of the party causing the breach.

If you are a party to a contract and the other party fails to perform, you may be required to take actions to mitigate the damages to reduce the impact of the breach of contract on your business.  The failure to mitigate your losses can reduce the amount of any financial recovery available under California law.

Pro-Tip: “Why do you need an experienced attorney for a breach of contract case?  First of all, when you are in a lawsuit over a breach of contract or failure to perform, 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, if you master the damages, if you 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 was breached, you can understand the case, the way a litigator understand understands it. 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 then working it way back to who breached what, why and when.” – Dan Watkins, Founding Partner 

If you are involved in a failure to perform breach of contract on a San Diego business transaction it is important to act quickly and to seek informed and expert legal advice.  The experienced, proven business contract dispute resolution attorneys of the Watkins Firm have more than four decades of experience in these types of situations and can provide unique insight and timely counsel to help you to minimize losses while achieving the best possible outcome based on the circumstances at hand. We are often able to negotiate a resolution to these disputes in a cost-effective and timely manner.

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.  We will discuss your goals, and the steps need to keep expenses at a minimum while resolving the business dispute in the fastest timeframe possible.