Resolving San Diego Business Contract Disputes

Resolving San Diego Business Contract Disputes - Material Breach

Are you searching for attorneys with a proven track record of resolving San Diego business contract disputes and breach of contract cases quickly and cost-effectively? The Watkins Firm has 40+ years of experience serving the business, science and tech, real estate and medical / healthcare communities here in San Diego and across California.

There Are Many Reasons for a Business Contract Dispute

There are many reasons for parties to become involved in a business contract dispute.  Perhaps the underlying contract was vaguely constructed or did not fully anticipate the nature of the dispute between the parties.  Perhaps there has been a fundamental change in the marketplace, or a challenge associated with supply channels or labor.  It is not uncommon for these types of business contract disputes to devolve quickly into finger pointing and harsh disagreement.

The Watkins Firm understands not only California contract law, but the nature of business here in San Diego and throughout California.  Good people can disagree.  Bumps can arise on the road.  In a few cases, there may be concern about misrepresentation or outright business fraud.  Our experienced business litigation attorneys work to get to the core of the dispute quickly.

What an Effective San Diego Business Attorney Does For ClientsPro-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 might constitute an immaterial failure or minor breach.

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.

There is 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 from 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.” – Dan Watkins, Founding Partner

Resolving San Diego Business Contract Disputes – Our Unique Approach

We employ a unique strategy which is designed with the specific purpose of resolving San Diego business contract disputes in an efficient and cost-effective way.

It may surprise you to learn the Watkins Firm is able to resolve the majority of our business contract dispute cases through effective, leveraged negotiation.  These disputes come down to financial damages, and our attorneys work to develop a thorough, well-documented chronology and master the exposure of the parties and to accurately identify potential damages.  These become the tools to provide the leverage required to gain the attention of the other party and draw them into a productive negotiation focused upon the development of a “settlement”  of the matter.

When leveraged negotiation is unable to resolve part or all of the contract dispute at hand, we represent our clients in business mediation and business arbitration as well.  We discuss all aspects of resolving San Diego business contract disputes and breach of contract with our clients, including their potential responsibility to mitigate the damages.  We work to achieve a resolution which meets and exceeds your goals and objectives for the situation.  If you are involved in a business 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.