What is the best strategy for resolving a San Diego breach of contract case without expensive litigation in a timely and efficient manner? The breach of contract attorneys at the Watkins Firm have more than 40 years of experience representing clients in these cases. When a contract is breached, important business is interrupted and critical relationships can be in the balance. You need an attorney who understands your goals for the situation and the right strategy for the situation at hand.
Key Takeaways When Resolving a San Diego Breach of Contract Case:
- Breach of contract disputes interrupt important business transactions, and can damage important business relationships.
- Watkins Firm is able to resolve the vast majority of their breach of contract cases through effective, leveraged negotiation. This is the fastest and least expensive path to accomplish our clients goals while resolving the dispute at hand.
- The remedy in a business breach of contract case is usually going to be money. Civil cases are resolved through financial damages. Mastery of the chronology of events and available damages are the keys to any breach of contract case.
What are the Best Strategies for Resolving a California Breach of Contract Dispute?
What are the best strategies for resolving a California breach of contract dispute? That usually depends upon the goals of our client. What is the nature of the contract and the relationship between the two parties? If the other party is an important business relationship the strategy can be much different than situations where our client simply wants the matter resolved in an efficient manner.
The fastest, least expensive and most common strategy is leveraged negotiation. The Watkins Firm prepares each case as if it is going to trial from the outset, and work quickly and efficiently to create a thorough, well-documented chronology of events and a mastery of available damages. These are the tools required to strengthen our client’s position, and draw opposing parties and their counsel into negotiations. Watkins Firm is able to resolve the vast majority of our breach of contract disputes through leveraged negotiations focused on reaching a settlement that meets the goals and objectives of our client. This is the fastest, least expensive path for resolving a San Diego breach of contract case.
If the relationship is important to our client we may negotiate a written modification to the initial contract that provides the other party an opportunity to fulfill their end of the bargain while compensating our client for the breach and associated costs. When genuine disagreement or issues exist mediation and arbitration are proven options that offer more private, confidential, timely and cost-effective options to any trial in a Court of law.
Damages are the Key to a Breach of Contract
Business contract disputes are legally resolved through financial damages. What are the actual costs associated with the breach? What will it cost the party responsible for the breach to place the victim of the breach in a position where they have achieved the original “benefit of the bargain” established in the original contract? The victim of the breach of contract has a legal responsibility to do everything reasonably possible to mitigate the damages. The failure to do so can provide partial or complete legal relief to the breaching party. We protect our clients, ensure that if they are the victim of the breach they have met their responsibility to mitigate their losses, and if they bear some responsibility for the breach they have done everything possible to remediate and/or limit the damages. We follow our proven strategies and work to quickly and cost-effectively accomplish a resolution that accomplishes and protects our client’s goals and interests.
Resolving a San Diego breach of contract case requires experience, legal skill, and proven strategies. We can represent you at every legal step of a dispute or lawsuit, and have a strong, proven track record at trial. This provides additional strength and credibility to your side of the argument. It lets the other side know you are serious and have the legal strength and power to take it all the way to Court and win. This provides additional leverage early on to help us to resolve a breach of contract without expensive litigation.
Pro-Tip: “How are San Diego breach of contract cases generally resolved?
The good news for our clients is the vast majority of our breach of contract cases are resolved by settlement. The parties often agree to settle after they get tired of beating each other. But more specifically, an offer of settlement and substantive productive negotiations. That’s the first way. And then very, very helpful is mediation settlement conferences, where you go to a third party and you literally sit in different rooms, while one experienced judge goes back and forth and say ‘what about this? What about that? What about this?’ Until you can try to make a meeting of the minds. And that judge will tell you practical things about what you’re doing, your strengths (and weaknesses), how you’re wasting your life in litigation and how you could just resolve this and probably come out more ahead than if you went to court.
And there’s also arbitrations. A lot of contracts have an arbitration clause (an alternative to going to trial). You can’t go to court for two, three years, but you had an arbitration clause. You got your matter decided in a year, year and a half. And it costs half as much money. And finally going to trial. If you’ve got to go to trial, then you should be preparing for, and as I’ve said, a hundred times, you should be preparing for your trial thinking about damages, whether you are the one who who’s alleged to have caused them or not. That’s what you’re there for. So put a lot of your focus on whether someone was damaged and then you know who will probably be more successful.
I could tell you some stories. I’ve learned from some judges, a lot of judges, over the years and 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 they always say that, 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 they say 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 will not get that middle 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 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… or not. We settle the vast majority of our cases, and protect our client’s interests.” – Dan Watkins, Founding Partner
40 Years of Experience in Contract Disputes
The Watkins Firm brings 40 years of experience and a proven track record of resolving a San Diego breach of contract case to your side of the equation. We deploy our own unique strategies based upon this experience and extensive legal resources and skill. What are your goals for the situation at hand?
If you are involved in a breach of contract 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.
Meet Daniel Watkins:
Daniel W. Watkins is a true people person who sincerely listens. He cares deeply about what others are going through. Dan enjoys digging into the facts and finding creative solutions to problems. He contributes his insights candidly and constructively.
Dan’s interest in people make him deeply invested in every relationship and his exuberant personality makes him a true litigator. Dan fights for his clients with a fierce and calculated commitment.
Dan has practiced in the areas of business, medical practices and healthcare business, high tech/science, real estate and employment defense law since 1987. He is a trusted litigation strategist and true trial attorney with over 50 jury and bench trials to his credit. Dan has successfully represented both large companies and individuals and achieved substantial victories in well-publicized trials throughout California and the U.S.
He is experienced in business and corporate formation and administration, as well as all forms of alternative dispute resolution, including binding arbitration and mediation.
THE ROAD TO BECOMING A BUSINESS LAWYER AND LITIGATOR
Dan has almost 40 years of experience working with, for and against some of the largest insurance companies in the country. He has successfully tried and litigated cases in the areas of Healthcare Compliance, Commercial Litigation, Unfair Business Practices, Fraud, Breach of Contract, Battery, Premises Liability, Product Defect, Medical Malpractice, Discrimination, Sexual Harassment, Construction Defect, as well as Unfair Competition, Defamation, and Trade Secrets.
In December 2003, Dan commenced litigation against Health South Surgery Centers-West, Inc and its’ subsidiaries, exposing the company’s extensive mismanagement and misconduct of its’ surgery centers. Dan has also been asked by some of California’s largest municipalities and corporations to conduct legally required investigations into matters involving alleged employment discrimination and harassment.
