Breach of Contract Disputes

Has someone breached the terms of their contract with you, or are they claiming that you’re the one who’s in violation of your legal agreement? Circumstances like these can disrupt your company’s operations and put your reputation at risk, with all the financial consequences which that entails. That’s why you need the help of a hardworking attorney who can take your side and seek the fair resolution you and your business need.

At Head Murphy Law, we know that calling a lawyer may be the last thing you want to do, but there are times when it’s absolutely critical that you have focused legal assistance. We aim to provide trustworthy, dependable representation that doesn’t feel like the typical attorney–client relationship yet delivers the results you can count on. So whether you’re in active litigation or you’re looking to resolve a dispute before that becomes necessary, we encourage you to reach out to our Farmington Hills office today and speak with a compassionate breach of contract lawyer serving Michigan business professionals like yourself.

Recognizing Breaches of Contract

A breach of contract occurs when a party fails to fulfill an obligation under a valid agreement, causing the other party to sustain a loss. A valid contractual agreement is one in which:

A party makes an offer of contractual terms
The other party accepts those terms
The parties have a “meeting of the minds” regarding contractual terms
The parties exchange something of value in consideration of the contract

Breaches of contract come in two primary types:

Material breaches: A material breach is one where a party has violated an essential term or purpose of the contract. Material breaches of contract allow the non-breaching party to cease performing the contract and to pursue legal remedies to recover for losses caused by the breach.
Minor breaches: A minor breach involves a violation of contractual terms that does not frustrate the contract’s essential purpose. After a minor breach, the non-breaching party typically must continue performing its obligations under the contract but may pursue legal remedies to recover for losses caused by the breach.

A breach of contract may also be anticipatory, which means that, while a party still has time to perform a contractual obligation, they have communicated through words or actions that they do not intend to do so.

Common Types of Breach of Contract Disputes in Farmington Hills, MI

At Head Murphy Law, our business lawyers guide companies and business owners through disputes over commercial agreements, including:

Nonpayment for goods or services
Delayed or late payments
Breaches of contractual representations
Indemnification or warranty claims
Defective or substandard performance of contractual work
Delivery of goods or services that do not meet contractual requirements
Non-delivery or delayed delivery of goods or services

Legal Remedies Available in Breach of Contract Cases

In a breach of contract dispute, a non-breaching party can seek various remedies for the losses they’ve incurred. The most common include:

Financial compensation

A non-breaching party may seek to recover money for financial losses they suffered because of the breach. Financial remedies in breach of contract claims seek to put the non-breaching party in the same position if the breaching party had performed the contract. Compensation can cover the cost of:

Securing replacement goods or services
Completing abandoned work
Remedying defective work

A financial remedy may also provide money for consequential losses—that is, the indirect financial consequences of a breach of contract, such as lost profits or loss of business goodwill.

Liquidated damages

When parties cannot accurately calculate the losses they’ve suffered from a breach of contract, they may include contractual provisions entitling a non-breaching party to liquidated damages, which represent an estimate of the losses that would result from a breach. However, a court may decline to enforce a liquidated damages provision that provides excessive compensation, viewing it as a penalty rather than a remedy for financial losses.

Specific performance

In limited circumstances, a party may seek the remedy of specific performance, in which a court orders a breaching party to fulfill their contractual obligations. Courts may award specific performance when financial compensation would not provide an adequate remedy for the non-breaching party, such as in contracts involving unique assets, such as real estate.

Recission

A rescission remedy cancels the parties’ contract and may also award compensation or require the parties to take specific actions to restore each party to their pre-contractual positions.

Defenses to Breach of Contract Claims

A party accused of breaching a contract might assert various legal or factual defenses against a breach of contract claim, such as:

Lack of a valid, enforceable agreement
Mutual or unilateral mistake regarding contractual terms
Prior material breach of contract by the other party
Non-breaching party’s waiver of performance
Mutual agreement to modify contractual terms
The non-breaching party fraudulently induced the breaching party to enter the contract
Impossibility or impracticability of performance

Steps to Take When You Face a Breach of Contract Dispute in Farmington Hills, MI

If you’re facing a breach of contract dispute, you can protect your interests by:

Reviewing the contract and associated documents
Preserving copies of all written communications, work orders, progress reports, invoices, and other records related to the contract
Keeping financial records of expenses or losses your business incurs, such as the cost of securing replacement goods or services, or lost sales

Perhaps the most critical thing you can do, though, is to contact an experienced business lawyer from Head Murphy Law. We’ll talk about the details of your breach of contract dispute and explain your options for obtaining a fair and favorable resolution.

Why Choose a Business Litigation Attorney from Head Murphy Law?

A breach of contract dispute can cost your business considerable time and money, especially if you don’t get the legal assistance you need immediately. Head Murphy Law is ready to step up on your behalf and seek the fair resolution you and your company need. We offer:

Empathetic counsel: Our attorneys understand how stressful—even scary—a contract dispute can be. That’s why we’ll take the time to listen to your story and understand your side of the story. Our goal is to take the burdens of your case off your shoulders.
Effective teamwork: When you choose our Farmington Hills law firm to represent you in a breach of contract dispute, you don’t just get an attorney—you get a whole legal team. We work collaboratively to seek the best outcome possible.
Dynamic legal strategies: Our law firm will take the time to develop a case strategy tailored to the unique facts of your case and your specific needs, concerns, and goals. Our lawyers also work hard to ensure we take a flexible approach, providing you with personalized representation that efficiently pursues favorable results.

Contact Our Firm Today for Experienced Counsel and Advocacy

Has a breach of contract dispute put your company’s operations and financial well-being at risk? If so, you need the help of a Michigan law firm whose core values are empathy, integrity, responsiveness, and determination. Contact Head Murphy Law today for a free, confidential consultation with a business litigation attorney in Farmington Hills. We look forward to meeting you, getting to know you and your business, and finding out how we can help you seek the fair outcome you deserve. Don’t wait—call today.