A breach of contract occurs when one party to a contract agreement doesn’t meet their obligation. A breach occurs when one of the parties:
- Fails to perform their obligation within the agreed time frame
- Performs contrary to the agreement or terms of the contract
Contract disputes, whether they’re over a non-compete clause, breach of fiduciary duty, or non-disclosure agreement, can be stressful and costly affairs. Should the court conclude that there was a breach of contract, there are legal remedies that can be offered. These include:
These damages are awarded in monetary terms. Here, the person or party that breached the contract will pay the aggrieved party.
Restitution is an order made by the court requiring the breaching party to pay back in full the amount the aggrieved party used during the contract.
If the person who breaches the contract commits a heinous act, then the court may punish them through different ways, including jail time.
In this case, the court orders the breaching party to perform the expected act as promised in the contract agreement.
What Should You Do In The Event Of A Contract Breach?
If you think there has been a breach of contract, study the terms of agreement first. Some contracts may outline the procedure to follow in case of a violation. Consider the requirements given in the contract before seeking legal action.
You also have to let the other party know that there has been a breach of contract. A notification gives them a chance to remedy the situation before you take legal action.
If the other party is unwilling to remedy the situation, then seek help from a contract lawyer.
Why Work with an Arlington Contract Lawyer
Virginia contract law can be confusing. However, a breach of contract lawyer has the experience and skills to understand it. Plus, the procedures of filing a breach of contract lawsuit in Arlington, Virginia are different from other states. There are specific deadlines by which claims must be filed. In Virginia, written contract breaches must be filed within five years. For unwritten contracts, you must file a claim within three years.
Draw on HKM Employment Attorneys LLP’s expertise in contract law whether you’re in Arlington County, Fairfax County, Falls Church, McLean, Alexandria, or any area of Northern Virginia. Our core practice areas include employment contracts and business contracts.
Whether you are defending or prosecuting a lawsuit, a breach of contract attorney lawyer will help you understand your rights and options on how to deal with the legal issue. Contact us today for a free consultation. Our legal advice can help you decide how to handle a breach of contract.