If you believe the terms of a contract you are in have been broken, the next step is to enter contract litigation. Legal contracts are complex documents, so it stands to say that litigation can be a complicated process. By working with an Irvine contract litigation lawyer, you can have peace of mind knowing you are working with experienced professionals who are dedicated to helping you get an optimal outcome for your case.

When one party of a contract fails to fulfill its obligations, the other party can sue for damages. Contract litigation is the process of analyzing a legal contract to see if all parties are following its terms and, if not, what actions must be taken to rectify the issue.

Litigation involves proving the meaning of a contract’s terms, reviewing the legality and enforceability of these terms, and determining which elements have been breached and what damages are owed if terms have been breached.

The goal of contract litigation is to provide enough compensation for the plaintiff (the party suing for breach of contract) so that they are in the same position they would be in if the contract had not been breached in the first place. It is beneficial to have an Irvine contract litigation lawyer on your side to help you navigate this process so you can protect yourself and recover the appropriate damages for a contract breach.

Contract litigation lawyers help clients with issues regarding legal contracts, such as disputes, enforcement, and negotiations. An Irvine contract litigation lawyer understands the nuances of contract law in California, making them a beneficial asset to have on your side when navigating the process.

Before entering litigation for breach of a legal contract, most people try negotiating terms outside of court. Going straight to court without communicating can make the process harder and more time-consuming. Additionally, sometimes, parties can reach an understanding simply through negotiations.

If negotiations aren’t leading anywhere, two other options you can try are mediation and arbitration as long as both parties mutually agree to both actions. Your next option is to go to civil court and start the litigation process.

If you are in a dispute about a breach of contract and are being accused of being in breach of a contract, it is wise to raise as many legal defenses as possible in the early stages of the process. For a contract to be valid, it must include four main elements: offer, acceptance, consideration, and mutual consent.

• One party must propose an offer to another.
• The receiving party must accept that offer.
• Both parties must contribute to the contract. This contribution can be money, an exchange of goods and services, or some other performance.
• Mutual consent. Both parties must agree to the terms set forth by the contract and be bound by those terms.

Most of the time, defenses to a breach of contract are called “affirmative defenses.” This means that the party being sued for the breach must provide solid proof of their defense. Common affirmative defenses to a breach of contract include claiming:

• An oral contract was supposed to be in writing
• The contract terms were never agreed upon
• The contact is unfair or imbalance
• The contract is illegal
• The contract contains a mistake
• You were forced to enter a contract through lies or under duress

An experienced Irvine contract litigation attorney is well-versed in these common defenses and confidently addresses them.

Q: How Much Does It Cost to Have a Lawyer Write a Contract for You?

A: Irvine contract lawyers typically charge an hourly rate for their services, but some may charge a flat rate fee. Your attorney’s rate depends on multiple factors, including their experience, the complexity of your case, and the practice’s pricing structure, which can make it challenging to estimate how much it costs to have them write a contract for you. Many offer free initial consultations so you can gather more information before making a final decision.

Q: Is It Worth Going to Court for Breach of Contract?

A: Before you decide if going to court for breach of contract is worth it, it is wise to consider the value of the contract itself as well as the potential recovery you may receive. In some cases, going through litigation may cost more than what you’d get in return when all is said and done.

Additionally, collecting damages can be challenging if the party breaching the contract cannot pay the judgment, potentially wasting your time, energy, and money. A knowledgeable contract litigation lawyer in Irvine, CA can help you determine what action is suitable for you.

Q: What Type of Damages Can You Claim for with a Breach of Contract?

A: Damages for breach of contract are categorized into two options: general damages and special damages. General damages refer to non-economic damages that are not tangible, such as pain and suffering. Special damages, on the other hand, include losses like lost wages, medical expenses, and other costs due to the breach of contract.

Q: Can I Ignore My Contractual Obligations if the Other Party Has Already Breached the Contract?

A: If the other party breaches your contract, it may give you an excuse to no longer abide by the contract’s terms. However, it is wise to continue performing your contractual obligations regardless of what the other party is doing. If you end up going to court and the judge finds that the other party is not in breach of contract, you may be the one in trouble.

Taking legal action for a breach of contract can be a complex process that is highly subjective based on the terms of your contract, the type of breach, and the damages you are trying to recover. By working with an Irvine contract litigation attorney, you can have peace of mind knowing you are covering your bases while navigating the legal process.

The Myers Law Group has over nine decades of combined experience serving clients throughout the state of California and around the world. We’ll give your case the full attention it deserves and tailor our services to meet your unique needs. Contact us to learn more about how we can help you through your contract litigation case.