What are the elements of a breach of contract in San Diego or Southern California?  What are the most efficient and proven strategies for resolving a breach of contract?

The Four Elements of a Breach of Contract in San Diego or Southern California

There are four required elements of a breach of contract case here in San Diego or anywhere in Southern California.  First, there must be a valid, executed contract between the parties.  Second, the level to which the non-breaching party (plaintiff) has performed their responsibilities under the contract.  The third element is the breach of the contract (by the defendant) and the fourth element is the financial consequences or “damages” associated with the breach.

How Are Breach of Contract Cases Usually Resolved?

While there are a few scenarios where this may be the case, it might surprise you to learn the majority of breach of contract scenarios never reach a courtroom.  In fact, the Watkins Firm is able to resolve most of our contract disputes through effective leveraged negotiations based on a strong chronology and a mastery of the associated damages. This is the fastest and least expensive path to resolving a breach of contract case while accomplishing our goals and objectives.

It is not uncommon for a lawsuit to be filed in a breach of contract.  This usually results in a settlement conference with the Judge or a business mediation.  In mediation, the parties agree upon a neutral mediator with expertise in the dispute at hand as well as the law that governs the breach of contract.  The mediator helps each side to understand the strengths and weaknesses of their respective cases and identifies potential options to resolve part or all of the dispute at hand.  The goal of mediation is a settlement agreement.

Arbitration is specified as an alternative to a Court trial in many business contracts.  Arbitration is like a highly compressed trial.  The process of arbitration eliminates many of the extraneous motions and legal activities surrounding a normal trial and focuses on resolution in a matter of days.  The arbitrator designs the process to collect evidence and witness testimony and then applies California law to render a judgement, finding or award.  The decision of the arbitrator in binding arbitration is final and cannot be appealed except in very rare circumstances.  This is the advantage of arbitration: it is fast (a matter of a few days or weeks) and the matter is concluded.  The challenge of arbitration: you only have one shot and you need an experienced, proven trial attorney to represent your interests in arbitration.

What About the Underlying Business Relationship?

And what about the underlying business relationship?  Isn’t there a reason you were in a contract to begin with?  At the Watkins Firm we understand the realities of business and the practical nature of business relationships and the bumps that come along the way.  We know how to mend fences.

In some cases our clients value the preservation of the relationship as much as resolving a breach of contract itself.  Our legal work is focused upon the goals and objectives of our clients, and how they define “success” in each business situation.  Our experienced attorneys are able to have conversations with these business partners that you may not be able to have.  There are “pressure points” that we can apply on behalf of our clients that achieve immediate results without fracturing the relationship or sending the dispute into litigation.

We work through strategic negotiation, mediation and in some cases arbitration to find a solution that achieves our client’s goals while resolving the underlying breach of contract.

The elements of a breach of contract in San Diego and Southern California absolutely contribute to the outcome of the case.  However, the successful strategies of your experienced breach of contract resolution attorneys at the Watkins Firm can and will make a substantial difference in your case.

If you are experiencing a few challenges in a business relationship, or are faced with 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.