Failure to Perform on a Contract or Poor Workmanship

Breach of Contract Lawyers Serving the San Diego Area

What should you do if a party to your contract fails to perform the services for which you contracted, or if the quality of their work amounts to “poor workmanship?”  The failure to perform on a contract is a valid reason to declare a breach of contract and pursue all strategies and legal recourse to recover for damages associated with the failure to perform and the resulting breach of contract.  The party who has suffered harm as a result of the nonperformance or failure to perform or the failure to pay must take all reasonable and prudent steps to mitigate the financial losses as a result of the breach of contract. The failure to perform any aspect of the contract is a major source of business disputes and litigation.

That can include the additional cost to find another party to fulfill the original “benefit of the bargain” and the actual costs associated with the failure of the performance of contracted goods or services and resolving the breach of contract.  These cases can also result in expensive and time consuming business litigation.  Can you hold a small business accountable for the failure to perform?  What is the best way to resolve the situation in the fastest and most cost-effective manner possible?  How can the experienced breach of contract attorneys at the Watkins Firm help to resolve these issues?

Poor Workmanship

The issue of poor workmanship is usually associated with either an expressed or implied warranty, or upon the testimony of “experts.”  Business contracts, as well as contracts between contractors and consumers should be carefully prepared and executed.  Most well written contracts provide a standard of workmanship, and all materials provided during discussions leading up to the contract itself may be valid evidence in cases where workmanship is questioned.

Did the contractor promise to use one grade of materials, and then provide a lower quality substitute?

Did the quality of the workmanship fail to meet the level of performance or expectation established in the contract?

How do you prove poor workmanship and hold that party accountable for repairs and resulting damages?

One way to establish poor workmanship is the use of sub-standard or inferior grade materials or processes during the performance of work under the contract.   The conversations leading up to the agreement, as well as materials provided prior to the beginning of the contract often contain an implied standard of what to expect in the completed work.

If you believe the quality of workmanship is poor, it may be necessary to bring in an “expert” who independently supports the standards of work in the contracted workmanship, and testimony as to the quality of the work done under the contract.

The standards established in the contract itself, as well as the accepted standards for like work established by industry experts help the experienced lawyers at the Watkins Firm to prove the poor workmanship provided on your project.  We take all steps necessary to ensure the repair or replacement of the poor quality work that was completed under the contract, and pursue associated damages that you suffered due to the breach of contract.  We also advise them on the steps required to mitigate the damages associated with the breach that are required by law in order to preserve financial recovery for the other party’s failure to perform.

Disputes involving failure to perform or defective work often arise in real-world business settings where timing, quality, and financial impact intersect. Understanding how these issues develop in practice can help clarify both your position and your options.