Breach of Contract Lawyer Maryland
If you are experiencing a breach of contract, you may need a Maryland breach of contract lawyer from Brown | Gould | Kiely LLP. A repudiatory breach of contract (sometimes referred to as “fundamental” breach) is a breach so substantial that it permits the distressed party to terminate the contract completely, in addition to entitling that same party to sue for damages. The key feature of repudiatory breaches is that they are communicated expressly. It is typically done before the action or trade contained in the contract has begun. This is beneficial for both parties because it gives the non-breaching party opportunity to find product or services elsewhere and the breaching party does not face any consequences if this is done prior to services being carried out. However, if services or goods have been traded or are already in progress when the breaching party pursues a repudiatory breach, there can be consequences.
The doctrine of repudiatory breach was developed in order to deal with exclusion clauses in breach of contract. This was because some breaches were so serious that exclusion clauses should not (and still not) be able to cover them. In considering the consequences of repudiatory breach, it is necessary that to draw a distinction between a somewhat repudiatory breach which leaves a contract open to being performed and a repudiatory breach that brings the end of a contract.
- If you leave a contract open, this means that you can sue for breaches in the future or breaches in the past, and you can get damages stated in the contract but nothing more than that. What happens in this scenario if a breach is made is that you can request action where you continue to affirm the contract, therefore the contract is still on. You cannot sue for repudiatory breach once you have made this decision. In the eyes of the law, if you affirm a contract, you should not try to claim the full amount as well.
- If you end a contract this means that one party has been deemed guilty of a repudiatory breach of contract (that is, the breach goes to the very root of the contract), and the other side accepts the breach. So the contract comes to an end, and the guilty party can no longer rely on the exclusion clause.
When one party does not uphold their end of a business contract, you may find that they are in breach of contract. When this has occurred with a business partner, the conflict can become especially problematic for a number of reasons. During this time, you should seek help from a Maryland breach of contract lawyer. Not only may you still be required to manage business dealings with them on a daily basis, the relationship you had with them may become a thing of the past. This can be especially painful considering many business partners can be close friends or relatives. Handling a breach of contract can be complicated. Because of this, it may be in your best interest to hire a breach of contract lawyer Maryland businesses rely on. An attorney may take steps to guide you through a resolution.
Step #1 Review Your Contract
If you believe that your business partner is in breach of contract, prior to meeting with them, take the time to sit down and review the contract. You will want to have your information in order prior to approaching them regarding the breach. In some cases, it may even make sense to sit down with your MD breach of contract lawyer to review the contract and create a plan for moving forward.
Step #2 Talk it Over with Your Business Partner
If you are able, it’s always important to attempt to resolve things with your business partner if you are able to. In some cases, the breach may have been a simple misunderstanding. Additionally, if your business partner is in breach of contract, they may be willing to take steps towards remedying the situation. In some cases, these types of negotiations may be entered with legal representation by your side. Having the ability to negotiate with your business partner outside of the courtroom can not only reduce the likelihood of a long legal process, but also save you money in legal fees.
Step #3 File a Lawsuit
If you and your business partner were unable to reach a resolution together, you may need to take legal action. When one business partner is in breach of contract, the other may choose to take legal action against them for their losses. Damages may result if the business partner’s actions resulted in financial losses or because the partner stole from the business. Prior to moving forward with a civil suit, it’s important to first speak with a business attorney. Legal entanglements can become costly, making it key that you have a clear idea of the road that lies ahead to obtain damages.
Step #4 Dissolve the Partnership
When trust has been broken in such a way, it can be difficult for a business partnership to recover. Because of this, it may be in your best interest to resolve the partnership. If a breach of contract has already occurred, and your partnership was formed based on a contract; the breach may make the partnership void. However, if the business partnership you formed was a legal entity such as a limited liability partnership; it will be important to work with a Maryland breach of contract lawyer. This will be key as the laws regarding the removal of a business partner can have variations depending upon the state you live in.
Written Partnership Agreements
A business partnership does not have to be in writing to be valid. However, by taking the time to develop a partnership agreement, you and your business partner can have a clear path for:
- Making Decisions
- Running Your Business
- Determining Financial Responsibilities
- Creating a Plan for Profit Sharing
- Dividing Business Responsibilities
- Anticipating Disputes
A partnership agreement may be helpful in providing you with a clear path for how you will manage disagreements throughout the life of a partnership. In some cases, with a solid agreement in place, you and your partner will have the ability to circumvent the likelihood of going through litigation. However, sometimes, despite your best efforts to amicably resolve the partnership; you may still require litigation to appropriately dissolve the business partnership/agreement.
When partners are in disagreement, or one is in breach of contract, the ramifications can be disastrous. When there is conflict within a partnership, the consequences may not only impact the relationship you had with your business partner but also, your business.
Contact a Maryland Breach of Contract Lawyer from Brown | Gould | Kiely LLP Today
If you have incurred what you consider to be a repudiatory breach of contract by another party and wish to pursue a claim, you should reach out to a breach of contract lawyer in Maryland today. Oftentimes the initial consultation is free and the attorney will work on a contingency fee basis. This means that you will not have to pay him or her if you lose your case. On the contrary, if you have been sued for breach of contract or are being threatened to be sued for breach of contract, it is also very important that you contact an attorney. They will do their very best to win your case and bring you the justice you deserve.
Discuss what is going on with your specific situation and make sure that you have a knowledgeable breach of contract lawyer Maryland clients recommend looking out for you.