If you are a business owner or executive searching for attorneys with extensive experience and a track record of proven breach of contract defense, we can help. The Watkins Firm has defended breach of contract cases for more than four decades. Our strong track record of success in defense of breach of contract cases and trials provides power to your side of the equation as we work to resolve the matter quickly and in a cost-efficient way. Breach of contract cases do not have to go to a trial.
The Watkins Firm’s experienced business litigation attorneys take a unique approach to resolving business disputes. This strategy is designed to resolve the dispute between the parties, preserve important business relationships and when possible establish a “settlement” that often allows the original agreement to be fulfilled. The key to defending breach of contract accusations is an expedient and accurate process to thoroughly document the chronology of events, as well as an assessment of potential damages. This provides the leverage required to gain the other party’s attention and draw them into productive negotiations. The fact is the Watkins Firm is able to resolve the vast majority of these cases through effective and leveraged negotiation. This is the fastest, least expensive strategy to resolve a contract dispute while protecting our client’s goals and interests.
Our proven breach of contract defense explores every available avenue to settle the matter and/or mitigate the consequences. The opposing party is responsible for taking prompt, prudent action to mitigate the associated damages to reduce potential losses. This often requires finding other vendors, negotiating additional contracts and additional expense. The failure to take prompt, reasonable action to mitigate the damages provides us with a strong defense in many cases.
When negotiations do not resolve all of the dispute, mediation is an excellent alternative. In mediation a neutral third party works with the principles to identify potential solutions and ultimately craft an agreement to resolve the dispute. We represent clients in mediation and arbitration, providing counsel while continuing to exert a positive influence and degree of control on the outcome.
Pro-Tip: “If you’re the party that’s caused the contract breach, our primary objective is to minimize the risk of the damages downstream. However, it’s even more complicated and deeper than that. You don’t have to decide that you are the person that breached because most people, their ego won’t let them do that. But if you’re being accused of breaching a business contract, the first thing you and your Watkins Firm attorney will talk about or think about is how much are the damages they say have resulted, and how can we, with very little expense, limit those damages?
For example, someone says you owe $20,000 and you disagree. Well, you could pay them and then fight the case and get your money back. There’s so many situations where looking at the damages can give you a great advantage, even when you’re on the defense side or the plaintiff side, because that’s what you’re fighting about.
What does it mean to mitigate the damages? Well, the party who is not in breach has a legal obligation to minimize the damages that will result from any contract breach. A lot of people get hurt or damaged by someone who breaches a contract. And then they go with this attitude that, ‘well, since they breached, (the other party) owes us,’ and they don’t try to mitigate their damages. I mean, doing things that would make them not suffer as much or lose as much money or opportunity from the breach of contract or other types of causes of action.
And what happens in the law is a judge or a jury will hear what they did (or, more accurately, what they didn’t do) to mitigate the damages. The other side thinks they’re going to get $300,000 in trial, but the Judge or jury might actually decide that the “victim” of the breach failed to perform their obligation, to do everything they could to lessen the amount of damages they suffered. Man, are they shocked when they are actually awarded a small fraction of what they thought they were owed … or nothing at all!” – Dan Watkins, Founding Partner
If you are searching for proven breach of contract defense in San Diego or anywhere in California, you need the experienced, proven attorneys of the Watkins Firm. 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. Learn how we can help to get things back on track in a timely and cost-effective manner.