A breach of contract lawsuit poses countless challenges for businesses and individuals alike. It does not matter whether the breach is material or minor; this is a tricky situation. First and foremost, you’ll need to understand how to file a breach of contract lawsuit. To be safe, you should also learn how to defend yourself against one. In either of these cases, your first step should be hiring an experienced attorney.
How to File a Breach of Contract Lawsuit
Breach of contract cases are rather easy to recognize. For example, if you’ve hire a contractor to renovate your home, and they take your money but fail to complete the job, you’ve got a lawsuit on your hands. You can sue under the premise that said contractor neglected to uphold their end of a legally-binding contract.
Make sure you have all of the following factors before you begin to pursue a breach of contract lawsuit:
- Valid Contract – A valid contract must have been established between both parties. If you have written agreement, the case is relatively straightforward.
- Performance – You must be capable of proving breach of contract occurred. Showing proof of inadequate or incomplete work is paramount.
- Breach – This part is straightforward: you must determine that the other party breached their contract with you.
- Damages – Should their inaction or negligence have caused economic losses, take pictures and document everything.
Defending Against a Breach of Contract Lawsuit
Effectively defending yourself in a court of law requires an understanding of the contract formed with the plaintiff. Take the following steps before you pursue any rash action:
- Read the complaint – First and foremost, read over the complaint filed by the plaintiff. Understand their concerns and educating yourself is paramount.
- Locate the contract – If you have a copy of the contract, and you should, find it now. You should read through the contract to ensure all terms were accurately stated and met.
- Hire a lawyer – If you’re having trouble with the legalese, hire a lawyer early in the process. Forming a defense plan will be easier.
Also published on Medium.