Handling Disputes Among Businesses and Individuals

Oral and written contracts outline expectations between individuals and businesses. Unfortunately, contract disputes can arise when one party claims that another party breached their duties. If you are involved in a contract dispute, pursuing legal action is the best way to seek justice and get compensation.
At Ashwell & Ashwell, PLLC, we have helped countless clients seek legal action when involved in a contract dispute. We also have experience defending businesses and individuals from baseless claims of contract violations. No matter what kind of legal matter you are facing, we are confident our team can help.
If you would like to resolve your legal issue in or out of the courtroom, don’t hesitate to reach out. Contact our legal team by calling 540-386-1277 today.

What is a Breach of Contract?

A contract is a legal obligation between two or more parties. Contracts require one party to provide goods or services to another party. Once that happens, the other party must provide an object of value or perform the task described in the agreement.
A breach of contract happens when one party does not uphold their duties as written in the contract. To pursue a breach of contract in court, you must provide that the other party’s breach is a “material breach.”
If the following factors are true, then the breach is material:

  • The contract specified that a particular action counts as a material breach
  • The breach is a substantial failure to perform a term that is an essential element of the contract
  • The circumstances of the agreement and the breach have caused or will cause substantial harm or losses

A material breach must fully go against the spirit and intent of the original contract. For instance, not receiving payment would cause financial harm and profit loss. Similarly, not receiving goods on time could harm your business pursuits. If you are unsure whether you have a case you can pursue in court, contact our breach of contract lawyers today.

What Kinds of Damages Can You Pursue in a Breach of Contract Case?

When you pursue a breach of contract claim, you can pursue financial payment for specific damages. Damages include any financial losses as a direct result of the breach.
There are many damages that you can seek in a breach of contract claim, including:

Compensatory Damages

Compensatory damages are specific financial damages incurred after the breach of contract. If the court awards compensatory damages, the breaching party will be ordered to pay the aggrieved party.

Punitive Damages

Punitive damages are meant to punish the defendant for especially heinous actions. When these damages are awarded, they are often given in addition to compensatory damages.
There are other ways the court may resolve your case besides awarding damages. Those remedies include:


When the court orders restitution, the breaching party must repay the amount the aggrieved party used during the contract.

Specific Performance

The breaching party must perform the expected act or give the expected benefit that was promised in the original contract.

What is the Statute of Limitations for a Breach of Contract Case?

A statute of limitations is the timeline in which you have to pursue compensation in court. Contract disputes are subject to a statute of limitations, meaning after the statute expires, you will no longer be able to file a lawsuit.
For breach of contract cases, you typically have five years from the date of the breach to file a lawsuit. In the case of oral contracts, you only have three years from the date of the breach.
It’s important to note that the statute of limitations timeline starts as soon as the first violation occurs. If you have identified an issue with any of your contracts, contact our attorneys right away to get started on your case.

How Do You Defend Against a Breach of Contract Claim?

Not all breach of contract claims are legitimate. Some businesses or individuals will claim breach of contract to damage your reputation or avoid paying you. If you have been accused of a contract violation, our team can assist you.
Potential defenses against a breach of contract claim include:

  • There was no legally enforceable contract. Without a contract, a breach cannot occur.
  • The contract is voidable.
  • Under the terms of the contract, there was no breach.
  • There was a mutual mistake from both parties involved.
  • The contract is unclear and can be interpreted in many different ways.

What Does a Breach of Contract Attorney Do?

Contract failures can happen for many reasons. When a breach of contract occurs, you deserve to seek a resolution in court.
Our team of attorneys will file a breach of contract claim with the court, gathering evidence to support your claim as we go. We will then present evidence before a judge to prove that you deserve restitution or compensation for what you have gone through. We will stay by your side for the entire case, fighting until you get the outcome you deserve.

Should You Contact a Breach of Contract Lawyer?

Business disputes and contract violations can be difficult to navigate on your own. Contract disputes can cause considerable disruptions to your business, lowering your profit margins and harming your bottom line. If you have suffered because of a contract dispute or violation, you need a legal team on your side to protect your rights and advocate for you in and out of court.
Our team at Ashwell & Ashwell, PLLC, is here to walk you through a breach of contract claim, answer your questions, and address your legal concerns. For more information, contact us today at 540-386-1277.


Contact Ashwell & Ashwell, PLLC Offices Today!

    Latest Articles