Many San Diego business owners are not aware that you must mitigate damages from a breach of contract to preserve legal recovery options down the road.  If you are the victim of a breach of contract in San Diego you are required to take prompt, reasonable action to mitigate your losses.  This includes identifying other alternative sources, and working with your customers and any other party who may be affected by the breach of contract to keep your losses at a minimum.

The business dispute attorneys at the Watkins Firm advise business clients who are involved in breach of contract issues, either to represent the injured party or to defend allegations of breach of contract.  Based upon our decades of experience in contract disputes here in San Diego, our attorneys take immediate action to resolve your case as quickly and cost-effectively as possible.  In many cases a “settlement agreement” can be negotiated that fairly compensates the injured party for delays or issues caused by the breach while allowing the party who caused the breach to fulfill part or all of the original “benefit of the bargain.”

It may surprise you to learn the Watkins Firm is able to resolve the vast majority of our breach of contract cases through effective, leveraged negotiation.  Negotiation is the fastest and most efficient way to resolve breach of contract disputes.  We ensure that our clients understand that they must mitigate damages from a breach of contract and once these actions have been taken we work to quickly and accurately assess resulting damages.

You Must Mitigate Damages From a Breach of Contract – Hear From a Contract Dispute Attorney with More than 40 Years of Experience

The most important steps for us to take from the outset of these cases is to thoroughly document the chronology of events and master the potential damages associated with the breach of contract.  Damages and a thorough chronology provide the leverage necessary to gain the full attention of the other party, and open constructive negotiations that resolve unexpected challenges and allow a business transaction or relationship to continue.  The relationship with other contractual parties is often as important to our clients as the benefit of the contract itself.

Pro-Tip: “A lot of people get hurt or damaged by someone who breaches a contract. And then they go with this attitude that, well, since they breach, (the other party) owes and they don’t try to mitigate their damages. I mean, doing things that would make them not suffer as much from the breach of contract or other types of causes of action. And what happens in the law is a judge or a jury will hear what you did and you’ll think you’re gonna get $300,000 in trial, but they’ll decide that you failed to perform your obligation, to do everything you could to lessen the amount of damages you suffered.

It boggles the mind. And there are so many statutes on the different types of contracts. Consumer purchases, business contracts, healthcare and medical practice agreements, corporate documents including the shareholders’ agreement, they have rules and regulations. So even though we’re all free to contract, we are not absolutely free to contract because there are rules and regulations for every darn industry, including when you buy a product at the store, you are just a customer, but if you sell products to another vendor or another merchant, then you are governed by the uniform commercial code. So if you wanna buy and sell products across state lines, every state has some form of a UCC and they’re consistent and they imply terms on your contract. – Dan Watkins, Founding Partner

If the other party is in violation of a contract you must mitigate financial losses from a breach of contract to protect your own interests and preserve legal remedies.  The experienced breach of contract attorneys at the Watkins Firm understand the importance of repairing and preserving many business relationships while taking the actions necessary to protect our client’s business and financial interests.

If you are involved in a breach of contract dispute in San Diego 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.