Deals are made with the intention of benefiting the parties. However, disputes arise when one or more of the parties fails to live up to their end of the bargain and perform their obligations under the terms of the deal. A party can default on a contract for any number of reasons. A seller may decide to renege on a deal and go with another buyer who offered a better deal. Circumstances out of a purchaser’s control may prevent him from going through with a transaction. A business partner may try to take advantage of another. No matter the reason, a breach causes at least one of the parties to suffer a loss. Some business disputes are easily resolved while others may become contentious and take months or years of litigation before they are resolved.
Whether you are the party demanding to be made whole or you are accused of breaching the agreement, David Fogel’s goal is to minimize any loss to your business and resolve the issues as quickly as possible to help you save time, expense and headache. The best interest of your business is David’s ultimate concern whether this means settlement in negotiations or taking the matter to trial. A few of the litigation issues we are experienced with include:
- Breach of contract disputes involving:
- collection of fees for good or services
- disputes between business partners, employers and employees
- real estate sales and commercial leasing
- Enforcement of non-compete and confidentiality agreements
- Litigating boundary disputes in real estate matters
What Is Breach of Contract? A breach of contract can be defined as, “an unjustifiable failure to perform terms of a contract.” A contract dispute lawyer will evaluate the terms of the contract and alleged breach and advise you with respect to the viability of the claim.
Elements of a Contract Breach
In order to prevail on your breach of contract lawsuit, you must prove the following elements
- There was a valid contract. To be considered enforceable, most contracts require:
- An offer;
- An acceptance; and
- Consideration
- One party materially breached the terms of the contract.
- Damages were incurred.
David Fogel’s experience with preparation and review of contracts as well as litigation provides clients with a unique advantage since David is mindful of a contract’s potential pitfalls. David thoroughly reviews the fine print in contracts and provides clients with honest advice. The strengths of claims and defenses on breach of contract claims vary case by case. David’s goal is to achieve the best possible solution for each client. He will discuss your potential solutions and defenses, which include:
- Compensatory damages
- Specific performance
- Rescission
- Reformation
If another party has failed to live up to its end of the deal or you have been accused of breaching an agreement, contact David’s office immediately for a consultation and thorough review of your situation. By having a trusted advocate in your corner from the get-go, whether you are making the claim or defending against it, you will be in a better position for a more positive outcome.
