There are many proven strategies to resolve a breach of contract dispute between San Diego businesses.  The first step does not have to be business litigation.  Taking your dispute to Court in San Diego is expensive and time consuming and usually applies to disputes with substantial financial implications.

It may surprise you to learn the Watkins Firm is able to resolve the vast majority of business and breach of contract disputes through effective, leveraged negotiation.  Your Watkins Firm attorney works to construct a thorough, well-documented chronology and a mastery of the damages.  These tools provide the leverage to draw opposing parties and their counsel into successful negotiations.  Negotiation is the fastest, most cost-efficient strategy to resolve a breach of contract dispute.

We establish that our clients are serious, and willing to pursue the matter with the facts on their side.  Your Watkins Firm attorney has more than 40 years of successful business dispute resolution experience.

Pro-Tip: “A breach of a contract is when someone breaches a material term of the agreement or an immaterial term of the agreement. And you have different remedies for either. Failure to perform most of or part of the contract or an important part of a contract, anything that would render the benefit of the bargain not received.

A minor breach means that you still have a contract. You still have an agreement and you can demand performance, or you can demand that you have to give less performance on the other side, but yet the contract isn’t completely breached and it’s not over. A material breach gives you more remedies, remedies that are important and may sound minor today. But there’s been many a situation where having a material breach gives the party who was breached or damaged the right to rescind the contract or the right to specific performance, and forced the performance of the contract. All of these things have amazing consequences, if you look at factual situations in breach of contract law.

The person who’s been damaged by the breaching party has all kinds of choices they can make. And depending on the kind of contract, the subject matter of contract, whether it’s a real estate contract or a commercial contract, they have the right to choose through a whole list of remedies, including provisional remedies and the list goes on and on. This is as opposed to a minor breach. Whereas your remedies are, are much less.” – Dan Watkins, Founding Partner

If negotiations fail to fully meet our clients goals and objectives the next steps in our proven strategies to resolve a breach of contract dispute usually involve the filing of a lawsuit, and a settlement conference or business mediation.  Mediation is a private, confidential legal venue that keeps your business and financial information out of the public record, while creating an environment that is conducive to reaching resolution.

Arbitration is often specified as an alternative to trial in many business contracts.  Arbitration is a lot like a trial without all of the extra legal motions and discovery.  It is designed to get to the core of the issue(s) at hand and receive a decision.  The arbiter is selected by the parties and has the authority to establish the process for marshaling evidence and testimony as well as the process of the arbitration itself.  The decision of the arbiter is almost always final.

We base our actions and decisions upon the specific goals and directives of our clients, informed by our deep experience in like matters.  We do everything possible to accomplish our client’s objectives in the shortest time frame possible and in a cost-efficient manner.  If you are searching for proven strategies to resolve a breach of contract dispute 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.