When a breach of contract happens, the damaged party may seek legal remedies to recover losses and ensure the contract terms are enforced. At HKM Employment Attorneys LLP, our experienced breach of contract lawyers in Boise help individuals and businesses deal with these challenging situations. We are committed to protecting your rights and helping you achieve the best possible outcome in your case. If you believe a contract has been breached, our knowledgeable Boise breach of contract attorneys are here to assess your case and advise you on the optimal path forward.
Common Types of Breaches of Contract
Some frequent breaches of contract our law firm handles include:
- Failure to pay for goods or services
- Providing incomplete or defective goods
- Missing project milestones or deadlines
- Violating non-disclosure or non-compete agreements
- Misuse of intellectual property or confidential information
- Deviating from contractual obligations
- Terminating a contract early without cause
If you have experienced one of these breaches or something similar, you likely have grounds for legal action. A breach of contract attorney at our Boise law firm will carefully review the facts of your case to determine the extent of the breach and build a strategy to protect your interests.
Determining a Material Breach vs. a Minor Breach
A key factor in breach of contract cases is whether the breach is deemed “material” or “minor.” A material breach is a substantial violation that irreparably breaks the contract and defeats the purpose of making the contract in the first place. On the other hand, a minor breach is a small infraction that, while inconvenient, does not completely undo the agreement between parties.
As seasoned Boise breach of contract attorneys, we are adept at demonstrating why a breach of contract should be considered material. Some factors that determine whether a breach is material include:
- Whether your company was deprived of the benefit that was reasonably expected
- The degree of negligence or willful intention on the part of the breaching party
- Whether the contract stands or can be salvaged after the breach
- The likelihood that the breaching party will live up to the rest of the contract
Our breach of contract attorneys in Boise will gather compelling evidence to show the level of hardship and damage caused by the breach. We aim to demonstrate the full scope of the broken contractual promises and fight for the maximum remedies available to you under Idaho law.
Potential Remedies for a Breach of Contract in Idaho
There are several potential remedies that may be available depending on the circumstances. The main solutions our Boise law firm helps clients obtain are:
- Restitution: Reimbursing the plaintiff for any benefit provided to the defendant. This restores the plaintiff to the position before the contract.
- Liquidated damages: Some contracts specify a predetermined amount of damages that must be paid if a breach occurs. These are called “liquidated damages.”
- Specific performance: The court orders the breaching party to fulfill their contractual obligations, essentially forcing them to deliver on their promises.
- Contract rescission: The contract is canceled, and both parties are released from any obligations. This typically also involves restitution.
- Reformation: The court modifies the contract terms to correct any inequities and match what the parties originally intended. The contract then continues in this modified form.
Our breach of contract lawyers in Idaho will review the specifics of the breach of contract and assess which remedies to pursue. We are relentless advocates and will work tirelessly to secure the best possible resolution to compensate you for any damages incurred. Our goal is to make you whole and protect your contractual rights.
Defenses to a Breach of Contract Claim in Idaho
In some cases, the allegedly breaching party may have a valid legal defense to justify their actions or modify their liability. Some common defenses to a breach of contract claim in Idaho include:
- The contract was not valid due to duress, undue influence, misrepresentation, or fraud.
- The terms of the contract were unconscionable.
- You (the plaintiff) materially breached the contract first.
- The statute of limitations to bring a claim has expired.
- The contract was meaningfully altered by a prior oral or written agreement.
- An unforeseen or uncontrollable event made performance impossible or impracticable.
- Your actions prevented the defendant from upholding their end of the bargain.
- You failed to mitigate damages caused by the breach.
As skilled litigators, we know how to overcome these defenses and prove the validity of your breach of contract claim. We will gather strong evidence, review all contract terms and communications, interview key parties and witnesses, and craft a compelling case to prove the defendant’s liability.
Can I Recover Attorney Fees in a Breach of Contract Case?
The short answer is – it depends. In general, each party is responsible for their own attorney fees under the “American Rule.” However, there are some important exceptions:
- If your contract has an attorney fee provision that awards fees to the prevailing party, then you may be able to recover fees if you win.
- There are some statutes that award fees for specific types of contract claims. An experienced Boise breach of contract lawyer will review if any apply in your case.
- If the opposing party acts in bad faith or is stubbornly litigious, the court has the discretion to award attorney fees.
- For claims under $35,000, Idaho Code Section 12-120(1) requires the court to award reasonable attorney fees to the prevailing party.
At HKM Employment Attorneys, we know how important attorney fees are when deciding whether to pursue a breach of contract case. We will give you an honest assessment of the likelihood of recovering your legal costs so you can make an informed decision on how to proceed. We aim to resolve your case in the most efficient and cost-effective manner possible.
Boise Breach of Contract Attorneys Work for You
A breach of contract can cause tremendous stress and financial hardship for you and your business. When you need to hold another party accountable for failing to live up to their end of the bargain, turn to the trusted breach of contract attorneys at HKM Employment Attorneys LLP in Boise, Idaho. We will stand by your side and work relentlessly to resolve your case successfully.
If you are dealing with a breach of contract situation in Boise or surrounding areas, do not face this challenge alone. Contact HKM Employment Attorneys LLP today to schedule a consultation with a top-notch breach of contract attorney who is ready to fight for you.