Contracts are the cornerstone of businesses in Washington, DC. Businesses need them to interact with other businesses as well as their clients, customers, or consumers. Each party to a contract enters into it for mutually beneficial reasons. When one party breaches the contract, disputes can arise. In some cases, the solution may seem straightforward while in other cases, the breach is more problematic. Whether or not you are the party who breached the agreement or not, settling the matter as soon as possible is in everyone's best interests.
At the Law Office of Alfredo Vasquez, our breach of contract lawyers in DC prioritizes our clients' interests and acts promptly to secure those interests. Our business legal services include everything from analyzing, drafting, and reviewing contracts to contract negotiation and litigation. Contact us today at 202-525-7710 to schedule a consultation.
Breach of Contract and Non-Performance in Washington, DC
A contract is a legally binding agreement between two parties, where one party offers to do something—for example, build a new house—and the other party accepts the offer and promises to do something in exchange—for example, pay money.
We deal with contracts regularly in our daily lives, as well as in a business context.
If one party fails to perform their obligations under an agreement without a reasonable excuse, the other party may be able to sue them for breach of contract.
To do this, the contract must be valid—it must be legal and both parties must have the capacity to enter into it. A contract is also usually written, although a breach of contract can apply to a verbal agreement in certain situations.
Where a party sues for breach of contract, the party alleged to have failed to perform their obligations is called the defendant and the alleged wronged party is called the plaintiff.
Types of Breaches of Contract in Washington, DC
Not all breaches are alike, and as such, not all breaches may be resolved through litigation. The law categorizes breaches of contracts based on their seriousness and timing.
Material vs Minor Breach
Material breaches occur when a defendant fails to perform an important obligation under the contract and that causes the contract to be “irreparably broken.” A material breach makes it impossible for the other party to perform their obligations under the contract.
Some contracts explicitly define a material breach of the agreement. If the contract is silent on the issue, a court looks at factors like whether or not the defendant acted in bad faith and whether the plaintiff can be compensated for their loss. An example of a material breach is when a buyer fails to pay for a product they received.
In comparison, a minor breach does not materially disadvantage the other party and the contract can still be substantially performed. For example, the delivery of a product one day late does not go to the core of the agreement and is likely a minor breach.
Actual vs Anticipatory Breach
An actual breach occurs when one party fails to perform a term under the contract.
Anticipatory breaches, on the other hand, occur when one party notifies the other that they will not comply with a term of the contract. This allows the other party to claim a breach of contract, even though it has not yet happened.
Contact a Breach of Contract Attorney in DC Today
At the Law Office of Alfredo Vasquez, our breach of contracts attorneys in DC will help you determine whether you have a breach of contract case. If you do, we will outline a strategy and consider all the possible remedies available. We know the laws, filing procedures, and deadlines in Washington, DC breach of contract cases. To reach us, fill out the online form or call us at 202-525-7710 to schedule a consultation.