Breach of Contract Attorneys
Overview
Breach of contract is defined as the failure, without a legal excuse, to perform any promise which forms the whole or part of a contract. Importantly, there can be no actual breach of contract until the time specified for performance has arrived. If there is no time stated for performance, a contractor with the ability to perform the obligation in question does not breach the contract unless and until a demand for performance has been made and performance has been refused.
The breach of contract attorneys at Flores Ryan, LLP have expertise in every aspect of breach of contract claims, procedures, and strategies. We provide the legal expertise to ensure that breach of contract claims are properly prepared and filed. Our extensive experience as breach of contract attorneys allows us to advance breach of contract claims strategically to maximize the likelihood of a rapid and substantial recovery.
ARTICLES
Establishing Breach Of Contract: You’ve Got To Prove It!
This article will discuss how to establish breach of contract, what qualifies as a legally sound breach of contract claim, and finally other possible recovery methods.
What you need to know about CSLB complaints
This article covers the process of complaints and citations issued from the CSLB
California Contractors' License - The Basics
Contractors can learn the limits of what their specific license allows them to do and can learn how to properly maintain their license.
Maintaining a California contractors license in good standing
This article will cover the elements all contractors must pay attention to in order to ensure that their contractors license is properly maintained.
KEY POINTS
- Any breach of contract, whether total or partial, that results in measurable injury gives the nondefaulting party the right to recover damages as compensation for the breach. A breach of contract is not actionable, however, unless there are damages.
- To legally establish a claim for breach of contract a party must generally prove: (1) the existence of a contract; (2) plaintiff's own performance or excuse for nonperformance; (3) that all the conditions required for the other party’s performance occurred; (4) that the party breached that obligation; and (5) that damages have been proximately caused by that party’s breach.
- Abandonment is a doctrine applied in the context of construction contracts, in most cases when the parties make numerous changes over a period of time without following the specified change order procedures, where one party claims that the final project is changed in such a major way that the parties are considered to have abandoned all the provisions of the original contract.
- When a liability or an obligation arises on a recurring basis, a cause of action accrues each time a wrongful act occurs, triggering a new limitations period.
- If the plaintiff's claim is based on promissory estoppel instead of a formal contract, the plaintiff still has the burden of proving that the defendant's breach caused the plaintiff's damages.
FORMS
Below you can generate the following forms that are applicable to citations: