Breach of Contract Attorney in Birmingham, Alabama

When involved in a business deal, contracts are usually established to formalize the relationship and outline the expected legal obligations of each party to the agreement. In the event that one party breaches the agreement or fails to fulfill their expected legal obligations, the affected party may be eligible to pursue relief by filing a breach of contract claim or lawsuit. 

Clark Law Firm PC is committed to providing strong representation and advocacy to clients in their breach of contract cases. The seasoned Alabama business litigation attorney at the firm can examine every aspect of your case and help file your breach of contract claims. In addition, John will fight vigorously for your rights, help establish the breach, and attempt to recover your deserved relief. 

Clark Law Firm PC proudly serves clients across Birmingham, Alabama, and the Florida Panhandle. 

Breach of Contract 

A breach of contract occurs when one party to a legally-binding contract violates one or more terms of the agreement or fails to perform their expected contractual obligations without any valid legal reason. 

Types of Breaches of Contract 

There are four types of breaches of contract, including: 

Actual Breach 

An actual breach is a breach that has already happened. Here, the delinquent party has partially performed, incorrectly performed, or failed to perform their contractual obligations as indicated in the contract. 

Minor Breach 

A partial or minor breach occurs when a party to the contract fails to fulfill some part of their legal obligations in the agreement. However, since the breach is minor, the other party will still receive some deliverables or benefits available in the contract. 

Material Breach 

A material breach occurs when a party to a contract doesn't perform their expected legal obligations at all or on time. Due to the nonperformance, the affected party will not get the expected results or benefits. 

Anticipatory Breach 

An anticipatory breach occurs when one contracting party has stated verbally or through their actions that they're not willing to fulfill their expected legal obligations in the contract. Thus, you may be entitled to hold the potential breaching party liable. 

Examples of Breach of Contract 

Common examples of actions that may lead to a breach of contract claim are as follows: 

• Providing substandard goods or services. 

• Failure to deliver the expected goods. 

• Performance was less than the agreed standards. 

• Failure to deliver the expected service. 

• Failure to complete a job before the agreed deadline. 

• Failure to make a payment. 

• Not following contractual obligations without any justifiable reason. 

• Failure to finish the job. 

• Failure to pay for goods or services on time. 

If an individual or business partner has breached or is about to breach an existing agreement, you need to reach out to a trusted business litigation attorney immediately. Your lawyer can evaluate the type of breach and seek to establish your claims. 

Elements of a Breach of Contract Claim 

To establish a breach of contract claim, the claimant must establish that there was a breach by showing the elements below: 

Valid Contract: There is a legally-binding or valid contract. 

Performance: The plaintiff honored or performed their expected contractual obligations or has a valid excuse for nonperformance. 

Breach: A breach happened due to the defendant's nonperformance or failure to honor their part of the contract. 

Damages: The claimant sustained actual harm or damages as a result of the defendant's contract breach. 

An experienced Alabama breach of contract attorney can help file your claims, seek to prove the breach of contract, and help recover your deserved legal remedy. 

Damages Available 

The following damages may be recovered by filing a breach of contract claim in Alabama: 

Compensatory Damages: Money awarded to compensate you for the damages suffered. 

Nominal Damages: Damages awarded to show that the non-breaching party was right. 

Liquidated Damages: The previously agreed-upon damages in the contract if one party breached the agreement. 

Punitive Damages: Exemplary damages awarded to further penalize or punish the breaching party for their reckless, wanton, or willful actions. 

Others: Other forms of damages that may be recovered include: 

• Cancellation of the contract 

• Loss of credit 

• Loss of use 

• Specific performance 

• Rescission 

• Restitution 

A practiced lawyer can fight vigorously for your rights and help you seek the financial justice you deserve. 

How Legal Counsel Can Help 

Disputes may arise when one party fails to perform or honor their contractual obligations. Unfortunately, settling contract disputes can be complex and may result in ferocious legal battles. Therefore, when involved in a contract dispute with another individual, business, or entity, you need to retain a dependable business litigation attorney for detailed advocacy and to protect your best interests. 

Attorney John W. Clark IV has the resources to guide and represent business owners in their breach of contract claims. As your legal counsel, John can review the contractual terms, investigate if there was a breach, and gather significant evidence to establish your claims. In addition, John will fight intelligently to protect your legal rights and business interests and attempt to pursue the maximum available damages.