When you sign a contract, you expect the conditions to be met. In most cases, both parties fulfill their obligations, and everything proceeds without complications. Unfortunately, there are times when one of the parties will fail to fulfill their contractual obligations. If that happens, that party has breached the contract. If you're dealing with a breach of contract, you need to act quickly to protect your rights. Here are four steps that will help you fight a breach of contract.
Understand the Breach
When it comes to dealing with a breach of contract, the first thing you need to do is understand the breach. There are a number of ways that a party can breach a contract. First, the party could fail to provide the required goods or services in the specified time. Second, the products or services provided could be defective or substandard. Third, the party could fail to provide payment for services. Finally, the specified warranties could be breached. Once you understand the type of breach you've experienced, you can proceed with your claim.
Prove a Breach Occurred
If you believe that you've suffered a breach of contract, you need to be able to prove that the breach occurred. It's not enough to simply know that you've suffered a breach; you need to be able to prove it. First, you need to prove that the contract existed. That can usually be accomplished through the actual existence of the physical contract. Second, you need to show proof that the contract was broken. Third, you need to prove that you suffered losses as a result of the breach. Finally, you need to prove that the other party to the contract is responsible for those losses.
Make Your Intentions Known
If you're planning to proceed with a breach of contract dispute, you'll need to make your intentions known to the other party. The best way to do that is through a letter of intent. This letter of intent—or before action breach of contract letter—will let the other party know that you intend to proceed with legal action against them. Be sure to go into details about how you intend to proceed. In most cases, the mere threat of legal action will be enough to settle the dispute.
Hire a Civil Litigation Attorney
If your attempts to resolve the breach of contract dispute fail to bring you the results you need, you'll need to hire a civil litigation lawyer. Your attorney can help you resolve the issue in a fair and amicable way.
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