Are you searching for help to resolve a breach of contract dispute quickly and efficiently? Are you looking for a San Diego breach of contract attorney with a strong track record of resolving contract disputes quickly and in a cost-effective manner? The Watkins Firm has served the San Diego and California business community for more than four decades. We take a unique approach to litigation and lawsuits which is designed to get to the core of a dispute, create a productive working atmosphere and accomplish our client’s objectives based upon skilled and leveraged negotiations in a timely and cost-effective manner.
The fact is the Watkins Firm is able to resolve the vast majority of our business litigation cases including breach of contract disputes through effective, leveraged negotiation. The time and expense required to get to Court are usually not in harmony with our clients short and long-term goals. In many breach of contract disputes it is important to get the transaction or relationship back on track and reach a settlement or alternative solution that preserves valuable underlying business relationships while achieving the “benefit of the bargain” for both parties. There are many reasons why a party may not be able to fulfill the obligations of a business contract, usually based upon unforeseen circumstances.
We work to quickly gather the facts and establish a thorough, well-documented chronology of events, as well as a mastery of any associated or potential damages. These are the tools required to capture the attention of the other party and their counsel, and draw them into effective, leveraged negotiation. This is the fastest and most efficient manner in which to resolve a breach of contract dispute quickly and efficiently.
The experienced attorneys at the Watkins Firm guide our clients through the process. Both parties need help to resolve a San Diego breach of contract. The Watkins Firm provides sound advice and counsel to the party who is the victim of the breach. They must take the right action to mitigate their losses if they wish to preserve the legal opportunity to recover associated damages in the case. There are many proven strategies for defending breach of contract issues and ultimately protecting a client until a solution can be reached.
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. Some examples of immaterial failure or a material breach include a 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. There are different remedies if someone commits a minor breach of contract versus a material breach?
In 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.
That’s what’s called choice of remedies in a material breach. 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 much less.
The primary remedy for a breach of contract is damages. My clients often ask: ‘What are damages?’ Great question! I tell them the most important item in litigation is not whether you are liable or they’re liable, or somebody breached. I say the three most important things in a lawsuit are: damages damages damages.
It’s just like, you know, location, location, location, because it’s that important. The type of damages you can obtain are so varied that if you focus on whether you’ve been damaged under the law, there will be a statute or a case that says you are entitled to those damages. So if you track it backwards from ‘I lost a hundred thousand dollars in this deal’ and how you lost it on those facts and what you did lose, you’ll probably find 99% of the time, a statute or a law or a case or something that gives you a remedy, a right to those damages and how you can collect.” – Dan Watkins, Founding Partner
If you are concerned about how to resolve a breach of contract dispute quickly and efficiently, resolving a business dispute or a dispute relating to investment or business ownership, 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.