Contracts are an integral part of business, holding two parties accountable for their rights, responsibilities, and obligations through a legally enforced agreement. However, there is always a possibility that one party breaches the contract, and it is important to be aware of the steps to take if this occurs.
It is important to revisit the contract you established with the other party and carefully its contents and conditions so that you can understand what exactly in the contract was violated. The contract may also include various resolution methods such as arbitration, mediation, or litigation, and understanding these can help you in taking your next steps.
Sometimes, a breach of contract can be an honest mistake or misunderstanding. If you suspect this may be the case, it can be beneficial to discuss what occurred with the other party, and potentially adjust the terms of the contract to ensure both parties are satisfied. This is especially helpful if you wish to maintain a good relationship with the other party. However, if the breach of contract is clear or you do not wish to preserve your professional relationship, the next step would be to document the breach.
If you wish to take further steps to report the breach of contract, it is critical that you gather evidence to support your claim. Valuable evidence can include the contract, emails, letters, text messages, invoices, or any financial records, and requests to resolve the breach. After you collect all relevant evidence, the next step is to inform the breaching party.
You must formally inform the breaching party in writing, outlining the breach, what parts of the contract were violated, and the proposed next steps. This should also contain a deadline for the party to respond by.
Litigation is typically the most common way to resolve a breach of contract, but there are also other options as well, including mediation, mini trials, a moderated settlement conference, summary jury trial, or arbitration.
If you are facing a breach of contract, contact Begum Pelaez-Prada PLLC by calling (830) 243-5118 or visiting our website Begum Pelaez-Prada. We want to provide you with legal care at every step of the process.