Whether it is a multi-million dollar contract to construct a building, or an agreement to provide services, or a contract for insurance, what all contracts have in common is an agreement between two (or more) parties. That basic principle can be made complex when one or more parties have different interpretations of the contract. We have successfully litigated or otherwise resolved a wide range of contract disputes. We do so with total commitment to a results-oriented strategy.
Brown Kiely LLP, a breach of contract lawyer Bethesda MD residents trust, is available for businesses and individuals who may be affected by a contract breach. Our lawyers have years of experience in litigating complex cases that may involve asset-purchasing agreements, commercial leases, employment contracts, business debts, and so forth. Through a dedicated commitment to fight for your best interests, we aim to achieve the maximum recoverable amount for damages incurred by a breach in contract. If you would like to discuss your situation in greater detail with a breach of contract lawyer Bethesda MD offers, please get in touch with us today.
Understanding Contractual Breach In Maryland Law
A breach of contract refers to an unfulfillment, without any legal excuse, to carry out promises or duties which form all or part of a contract. This could include failing to meet standards set forth by the industry or implied by a warranty of the merchant. A breach of contract may also occur when an employee refuses to perform part of their job as agreed, or when an employee engages in a prohibited activity as outlined in the contract.
The laws surrounding contracts are highly complex, which is why you may benefit from retaining a breach of contract lawyer Bethesda MD residents respect. Under the law, a breach of contract could be classified as material or immaterial and may be dependent upon the type and extent of damages caused by the culpable party.
Material Breach of Contract: This happens when the un-performed task, promise, or duty was so necessary that the primary purpose of the contract can no longer be fulfilled.
Immaterial Breach of Contract: Considered to be a partial breach, this may happen when the greater part of all tasks, promises, or duties have been performed. Damages might be sought for the partial breach; however, generally the contract cannot be terminated.
Regardless of what type of contract breach you’re dealing with, a lawyer may use the facts to build a solid, conceivable case that can be easily presented to the courts. This could become difficult if the contract was made verbally, but you could still have a legitimate claim. For the most part, a breach of contract lawyer Bethesda MD businesses count on might try to verify that:
- A contract existed
- This contract was broken by an involved party
- You lost money and/or encountered a disruption
- The party involved in the contract was responsible
Should a lawyer be able to prove a breach of contract, you may be eligible for the following:
- Monetary damages
- Liquidated damages
- Attorneys’ fees and costs
- Equitable remedies
- Specific performance (the breaching party is required to fulfill their obligations)
- Rescission (voiding of the contract)
What Happens if a Breach of Contract Occurs?
Contracts are written and signed so all parties involved are aware of the agreements, and understand their specific obligations. Unfortunately, not every contract goes as planned as one party may not uphold their end of the bargain. Someone who fails to perform their duty entirely or up to the standard of care described, may be found in breach of a contract. If this happens, it is possible that others within the contract suffered some degree of loss or damage. Then, the person who failed to fulfill their duty may face a lawsuit from another party in search of compensation or remedy.
Q: In what situations can someone be deemed in breach of contract?
A: Perhaps the party had failed to complete their duty at all, or did uphold their responsibility but not with the degree of care or skill as listed in the contract. It is also possible that one party had refused to complete their obligation entirely before the term of the contract even ended. Or, one party may have been late in finishing their duty. So while the responsibility was complete, losses still may have been caused from not finishing it within the timeframe as described in the contract.
Q: How much can a party be awarded if another breaches the contract?
A: In all of the cases listed in the previous question, the non-breaching party may be entitled to suing the other for remedy or compensatory damages. The amount and form of compensation depends on the factors of the contract. Since contracts are unique, there isn’t an amount or solution that would apply to all circumstances. The best way to find out how much you could be awarded in a breach of contract lawsuit, is to meet with an breach of contract lawyer in Bethesda, MD who is familiar with representing these complicated and detail-focused cases.
Q: What elements must be proven in a breach of contract lawsuit?
A: No matter how the contract was breached, there are a few facts must be established in order to build a strong case in court against the breaching party. A knowledgeable breach of contract lawyer in Bethesda, MD can offer further advice about what types of evidence to bring forward based on your situation. The elements of a breach of contract lawsuit that must be proven include:
- The non-breaching party had performed his or her obligations based on the contract;
- The breaching party had not fulfilled his or her obligations;
- There were economic-related damages that resulted due to the breach.
Q: What types of remedies or compensation may be awarded in the lawsuit?
A: Common types of compensation for breach of contract can include compensatory damages, liquidated damages, punitive damages, or consequential and incidental damages. Or, a remedy of specific performance, reformation, or rescission may be enforced by the court. After consulting with an attorney, he or she can inform you about what types of remedies or financial restitution you may be most likely to receive based on the circumstances of the breach.
Contact a Breach of Contract Lawyer Bethesda MD Today
In addition to handling breach of contract claims, Brown Kiely LLP are also experienced in writing, negotiating, and modifying business contracts to reduce the possibility of further litigation issues in the future.
Whether it is a multi-million dollar contract to construct a building, or an agreement to provide services, or a contract for insurance, what all contracts have in common is an agreement between two (or more) parties. That basic principle can be made complex when one or more parties have different interpretations of the contract. We have successfully litigated or otherwise resolved a wide range of contract disputes. We do so with total commitment to a results-oriented strategy.
If you would like to schedule a consultation with a breach of contract lawyer Bethesda MD business respect, please call Brown Kiely LLP at (301)718-4548.