Breach of Contract Attorney
What is a Breach of Contract in Maryland?
A breach of contract occurs when one party in a contractual agreement fails to fulfill their obligations without a legally valid excuse. As experienced breach of contract lawyers, we’ve helped countless clients navigate these challenging situations.
To prove a breach of contract in court, you (as the Plaintiff) must establish four essential elements:
- A legally binding contract exists between the parties
- You (the non-breaching party) performed your obligations
- The other party failed to perform their contractual obligations
- You suffered harm or loss as a result of the breach
When facing contract issues, we always advise our clients to approach agreements with caution, ensuring all terms are clearly outlined and understood by both parties. If you experience a breach, connecting with a breach of contract attorney should be your first step to address the situation promptly and prevent further damage.
types of contract breaches
Working with breach of contract lawyers gives you access to expertise across various types of contract breaches, including anticipatory breach, material breach, and immaterial breach. Here’s what you need to know about each:
MATERIAL BREACH
A material breach, sometimes called an “actual breach,” substantially defeats the purpose of the contract and strikes at its very heart. This represents the most serious type of breach. Material breaches are generally willful and result from bad faith rather than simple negligence or circumstances beyond control.
The two most common examples our breach of contract attorneys handle include:
- Failure to pay: The breaching party refuses to pay after you’ve completed substantial performance of your obligations
- Failure to deliver: The breaching party refuses to deliver goods or services after receiving payment
IMMATERIAL BREACH
An immaterial or “minor breach” doesn’t significantly affect the contract’s ultimate fulfillment. This partial breach generally doesn’t allow you as the non-breaching party to terminate the contract entirely.
A common example our breach of contract lawyers encounter involves late deliveries that still occur within a reasonable timeframe. Although a delayed delivery might cause inconvenience, it typically doesn’t terminate the binding agreement. These minor breaches generally don’t result in full breach-of-contract lawsuits, though you may still benefit from consulting with a breach of contract attorney.
ANTICIPATORY BREACH
An anticipatory breach occurs when one party informs you that they don’t intend to follow through with the contractual terms. For example, on June 1, the other party tells you they will not deliver the wedding cake on August 1, or ever.
Although the actual breach won’t occur until August 1, as an aggrieved party, you can generally bring a breach of contract claim immediately for this fundamental breach of contract. When this happens, consulting with an attorney for breach of contract promptly is essential to protect your rights.
COMMON TYPES OF CONTRACT DISPUTES
Contract disputes arise in various situations, leading to conflicts between parties. Some common scenarios where breach of contract lawyers provide assistance include:
Services
Service contracts outline the responsibilities of the service provider and payment schedules. Disputes frequently arise from quality issues, nonpayment, and delays—all situations where a breach of contract attorney can provide valuable guidance.
Buy-Sell Agreement
A buy-sell agreement provides for the sale of a business interest. Disputes often emerge during profit allocation and when determining who will control the business. These complex situations require the expertise of specialized breach of contract lawyers.
Employment
Employment contract disputes typically involve employees terminated early for improper reasons or who are owed money. Additionally, non-competition provisions frequently lead to disputes where an attorney for breach of contract becomes necessary.
Real Estate
During real estate transactions, buyers and sellers agree to specific conditions to proceed with deals. When one side pulls out unexpectedly, the aggrieved party generally has options to sue for damages—a situation where breach of contract attorneys provide essential guidance.
CONSEQUENCES OF BREACH
If you believe a breach of contract has occurred, seeking legal remedies promptly is crucial to protect your interests. Depending on the nature of the breach and terms outlined in your contract, our breach of contract lawyers can help you pursue various remedies, including:
Damages
As the non-breaching party, you may be entitled to damages to compensate for losses suffered due to the breach:
- Compensatory damages are direct damages intended to “make you whole.” They may include consequential damages, providing monetary compensation for indirect financial losses resulting from the breach.
- Punitive damages are awarded separately from actual damages. Your breach of contract attorney can pursue these when the breaching party acted with malicious intent or gross negligence.
Specific Performance
In some cases, a court may order the breaching party to fulfill their contractual obligations as originally outlined. This remedy is particularly important when monetary damages alone won’t adequately compensate you.
Rescission
Rescission involves canceling the contract and returning both parties to their pre-contractual positions. Your attorney for breach of contract can help determine if this is the appropriate remedy for your situation.
Injunctive Relief
Injunctive relief may be granted by a court to prevent the breaching party from taking actions that would cause further harm to you as the non-breaching party.
Restitution
The goal of restitution is to force the breaching party to forfeit any ill-gotten gains obtained through the breach of contract.
Attorney’s Fees and Costs
Depending on your breach of contract case, Ledingham Law may be able to help you recover attorney fees spent on litigation, making professional legal representation more accessible.
CLIENT TESTIMONIALS
Being selected for an audit is arguably one of the worst things that could happen to a small business owner, or at least that’s how I felt.
It felt a lot less stressful when I hired Jess to communicate with the IRS on my behalf. Her extensive knowledge of tax law was evident when she would educate not just me but also the RA on the proper law.Â
She went the extra mile every day – with driving to me, essentially holding my hand through an interview, and making sure all responses to the RA were effective.Â
If you get audited – I strongly recommend having her by your side.
– Parul G.
As a small business owner, I had an enormous amount of questions. I needed to know how to book keep, claim deductions and credits, navigate selling online, providing services in different jurisdictions, and filing quarterly taxes.Â
A small business requires an enormous attention to detail and Jessica helped me be meticulous in strategizing my tax landscape and know the necessary laws and regulations.
I highly recommend her to anyone with tax questions.
– Nate W.
Contact
GET IN TOUCH
At Ledingham Law, our legal team has the experience and expertise to assess your case and determine the best course of action to protect your interests. We will work diligently to negotiate a resolution or, if necessary, pursue legal action to enforce the terms of the contract and seek appropriate remedies on your behalf.
If you are facing a breach of contract issue or need assistance with reviewing and understanding your contractual obligations, contact our breach of contract lawyers at (240)673-6869 today. Our law firm is dedicated to providing personalized and effective legal representation to help you navigate through complex contract disputes.
