A Complete Guide to Virginia Breach of Contract

Contracts are legally binding agreements that create an obligation to do something. In Virginia, contracts are formed, interpreted, and enforced according to common law unless statutes or case law modify them.

Breach of contract occurs when a party violates a contract. A breach of contract happens when one party:

  • Fails to perform their contractual duty

  • Does something that is prohibited by the contract

  • Makes it impossible for the other party to perform their contractual duty.

Contact Ashwell & Ashwell, PLLC, if you have a contract dispute with another party in Virginia. We’ll assist you in filing a breach of contract claim.

Understanding Breach of Contract in Virginia

Contract breaches can result in financial losses, damages, or other legal repercussions for the parties involved. In order to determine whether there has been a breach of contract, we need to determine whether the contract was valid.

Essential Elements of a Valid Contract in Virginia

Among the essential elements of a legally enforceable contract are:

  • Offer and acceptance: There should be a clear offer made by one party and an unequivocal acceptance by the other party. For example, if A offers to sell B a car for $10,000 and B agrees to buy it, they have formed a valid business contract.

  • Consideration: You must exchange something of reasonable value, like money, goods, or services.

  • Legality: The contract should be formed for a lawful purpose.

  • Capacity: Both parties involved must have the legal capacity to enter into a contract. This means they need to be of legal age, mentally competent, and must not have been under the influence of drugs or alcohol at the time of entering the contract.

  • Mutual Assent: The parties must have a mutual understanding and agreement of the contract terms and conditions of the contractual obligations.

Common Types of Breach of Contract in Virginia

There are many types of Virginia breach of contract, based on the nature and severity of the violation. The types of contractual violations are as follows:

  • Failure to perform: This is where one party fails to fulfill its obligations as stated in the contract. The breaching party may be required to pay compensatory damages for losses suffered by the non-breaching party.

  • Delay in performance: This is when one party unreasonably delays the performance of their obligations. The remedy may be damages, specific performance, or cancellation of the contract.

  • Non-payment: This occurs when one party fails to make the agreed-upon payment for the goods or services provided. The remedy is often damages, which may include interest and attorney fees.

  • Material breach: This happens when a party’s violation of a significant contract provision affects its purpose. The remedy is often rescission.

  • Impossibility: This occurs when an unforeseen event occurs, making it impossible for one party to fulfill their obligations. The remedy is discharge.

Types of Contract Damages

When a party breaches a valid contract, the other party may seek legal remedies and damages. They include:

  • Compensatory damages: They cover the losses that the non-breaching party suffered from the breach.

  • Consequential damages: They cover losses resulting from the non-breaching party’s special circumstances.

  • Specific performance: This remedy orders the breaching party to fulfill their obligations. It is granted when damages are inadequate to compensate for the breach.

  • Rescission: This remedy cancels the contract and restores both parties to their pre-contract positions. Rescission is granted when there is a material breach or fraud in the formation of the contract.

  • Liquidated damages: They are specified in the contract as a fixed amount or a formula for calculating the amount in case of breach. Liquidated damages are enforced when they are reasonable.

The court considers the following factors when awarding remedies and damages:

  • The nature and extent of the breach caused

  • Foreseeability of the losses

  • Mitigation efforts of the parties

  • Terms of the contract

  • Public policy and equity

Proving Breach of Contract

To prove a breach of contract, follow these steps:

Review the Contract

Read the contract’s terms and conditions to identify each party’s obligations. It’s crucial to show that you performed your part of the contract or had a valid reason not to perform.

Some tips for reviewing the contract are:

  • Read the entire contract and make sure you understand it.

  • Look for clauses that define the scope, duration, quality, and payment terms.

  • Check if there are any clauses that limit or waive your rights or remedies in case of a breach.

  • Keep a copy of the signed contract and any amendments or modifications.

Gather Evidence

Collect relevant documents or communications that can support your claim of breach. It is important that you demonstrate that you communicated with the other party and notified them of the breach.


Document the Breach

Clearly record any instances where the other party failed to perform their obligations. You need to show that you gave them a reasonable opportunity to remedy the breach and that they failed to do so.


Consult an Attorney

Civil litigation attorneys can help you evaluate your claim and negotiate with the other party. They can also help you file a lawsuit and represent you in court.

Ashell & Ashwell’s Contract Lawyers Can Help

ur team can assist you in several ways:

  • Review your contract: Our attorneys will analyze your contract and highlight your rights and responsibilities.
  • Evidence gathering: To strengthen your case, your attorney can help you gather and preserve evidence.
  • Settlement negotiation. We can assist you in negotiating equitable relief where possible.
  • Lawsuit filing: Our contract lawyers can help you file a lawsuit in the appropriate court. They will prepare the necessary motions and represent you.
  • Remedy and damage pursuit: We will assist you in pursuing the appropriate remedies and damages.

Contact Ashwell & Ashwell, PLLC Today

When you are dealing with a contract dispute, you need an experienced attorney to help you resolve your breach of contract issue. Our firm has assisted numerous clients in filing claims for breaches of contracts in Virginia. We are well-versed in the state laws and regulations governing contract disputes and have a successful track record of helping our clients reach a satisfactory resolution.

Our team of attorneys is dedicated to finding the best possible outcome for our clients and will work diligently to ensure the best possible outcome.

Talk to an attorney at Ashwell & Ashwell, PLLC today. We serve clients throughout Northern Virginia. Our attorneys serve clients throughout Northern Virginia, including Arlington, Fairfax, Loudoun, Prince William, and Stafford counties.


Contact Ashwell & Ashwell, PLLC Offices Today!

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