Are you searching for information about how to manage a San Diego breach of contract?  There are 3 core issues at stake from my perspective: Who has breached the contract, damages, and time.  The first question relates to which party is responsible for the breach of contract and protecting my client’s interests as a result.  If they are the party who is the cause of the breach we will assess notification, possibilities for fulfilling the original agreement with modifications (i.e. time or cost), as well as the potential liabilities associated with the breach.  If my client is holding another party accountable for the breach we will attempt to establish their intent to perform on the original business contract, ability to perform, alternative terms that might accomplish the business objective as well as the damages associated with their lack of performance.

Damages are at the core of how to manage a San Diego breach of contract.  Damages are the sum costs associated with the implications of the breached contract.  Establishing damages is a critical step in the resolution of any contract dispute.  The third core issue is time: what is the value of time to our client in this matter?  We may hold all of the cards from a legal perspective, but we must advise our clients on the timeframes involved for each available legal option, and the impact of time on our client’s business, cash flow and bottom line.

In many cases our client was depending upon a supplier to meet an obligation of their own, and it is important to find another supplier or negotiate a solution with the existing contracted partner in order to have the best opportunity to meet that obligation.  Is our client able to carry a legal contingency on their books for months or years?  The victim of a breach of contract also holds the legal obligation to mitigate the damages and take timely, prudent and reasonable action to do so.

Pro-Tip: “I’ve learned from judges, a lot of judges over my almost 40 years of experience with breach of contract cases.  New judges, or those who become judges have requirements about continuing their continuing education too. For example, they used to go up to the Pepperdine law school in Los Angeles and they’d have a seminar just for judges, and they would talk to them about the psychology of a settlement.

And they would say, you have to understand that when people are at odds with each other, there’s a lot of emotion there. And just like, when you negotiate to buy a car, you always say, I can only afford this, and the seller says that it’s worth something more, but that’s what we call going through the dance. If you don’t appreciate and understand that this case is worth $50,000 and you say I’ll pay $50,000, and the opposing party says no. And you’re like, why? They know it’s worth $50k, you know it’s worth $50k, but their egos, their emotions, won’t let, them get there. You have to say, I’ll pay $10k. And they have to say, they want $90k. That’s just it. And if you’re not willing to go through those dance steps to solve your problem, you won’t usually be able to get to the right result.

And that is what judges talk about when they bring you in. And they say, where are you? And you say, I’m here. And they say, well, why don’t we start here? And then they go the other side. And then they hear all the reasons. And then we, we walk it through. We hear everyone vent about what was wrong and what the other side did wrong until everybody’s happy or not happy. And we have a settlement. And if this seems like it isn’t just a legal proposition, you’re probably right.  But lawyers are also called counselors and we’re supposed to counsel our clients both on the law, on emotions and on the combination of both.”

San Diego business owners and professionals need crucial information to determine the best course of action after a breach of contract has occurred.  They require the benefit of legal expertise and practical business experience in local and regional courts.  The Watkins firm has served the San Diego business community for more than four decades, and has helped to resolve thousands and thousands of contract disputes.  There are several legal remedies that go into how to manage breach of contract including negotiation, mediation, arbitration or a trial.  We work to understand our client’s goals and best interests, and then apply our extensive legal skill and experience to help them to achieve the best possible outcome.

If you are involved in a breach of contract in San Diego or anywhere in California, 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.