Contracts are a core component of operating a business. However, many business owners, as well as operators, fail to give much thought into the elements of a contract. Contracts have a key role in the heart of a business operation as they help to control the sale of goods and services, ensure everything is legally compliant, drive profit, limit liability, and manage employees. Each of these aspects is protected through contracts.
What is a Contract?
A contract is a legal agreement that includes obligations that can be legally enforced. There are four basic elements included in a contract, which are mutual assent, consideration, capacity, and legality. In the event of at least one party being unable to adhere to some or all of the contract, it is considered to be a breach. In this case, general damages, reliance damages, consequential damages, and specific damages may be sought.
Meet Brown Kiely LLP
If you are concerned about a possible breach of contract that results in litigation, the Maryland contracts lawyers at Brown Kiely LLP have the necessary experience and knowledge needed to guide you through the legal process. We are well versed in litigation regarding contracts of all sizes and complexities. Our lawyers have an in-depth understanding of contracts, and have helped professionals in nearly all industries. For a consultation with a business and contracts lawyer in Maryland, call Brown Kiely LLP.
The contracts lawyers Maryland businesses know and prefer, such as those from Brown Kiely LLP, would be happy to help with your contract litigation. Whether you are a small, mid-size, or large business, we know that you demand and deserve superior quality, which our firm offers. Guided by laser-sharp focus, you can count on us to provide you with honest, up to date information that will help you enter into contract agreements while being fully aware of all your rights and duties.
Our Services:
For years, we have helped businesses and individuals handle contract litigation matters. If a dispute matter has arisen, our contracts lawyers in Maryland can help you to reach a settlement through mediation, arbitration, or litigation.
Our firm handles breach of contracts matters. A breach of contract occurs when there is a failure, without legal excuse, to perform a duty, obligation, or promise which is included in part or all of the contract. In other words, if one party fails to meet its obligation as written in the contract, it is a breach. The other party can file a claim for damages that resulted.
Whether it is a multi-million dollar contract to construct a building or an agreement to provide services or a contract for insurance, what all contracts have in common is an agreement between two (or more) parties. That basic principle can be made complex when one or more parties have different interpretations of the contract. We have successfully litigated or otherwise resolved a wide range of contract disputes. We do so with total commitment to a results-oriented strategy.
If you’re looking for a contracts lawyer in Maryland to help you with a breach of contract, call Brown Kiely LLP today.
Contracts are critical for business relationships because they offer structure and provide clarity to business agreements. However, breaches can occur, creating challenges for businesses. Addressing these breaches effectively is vital to maintaining operations and protecting rights. Below, we answer common questions about contract breaches to help you understand the key issues and actions to consider. For tailored assistance, Maryland contracts lawyers are prepared to guide you through the process.
A breach of contract happens when one party does not fulfill the terms outlined in a valid agreement. This failure can include not delivering promised goods, missing deadlines, or failing to meet performance standards. Such breaches can impact the other party’s ability to carry out their obligations, leading to financial and operational issues.
There are several types of breaches that businesses encounter. A material breach is a significant failure that undermines the contract’s purpose, often giving the other party the right to terminate the agreement. A minor breach involves smaller issues, such as a slight delay in delivery, which might not invalidate the contract but still requires resolution. Anticipatory breaches occur when a party signals they won’t meet their obligations, while actual breaches involve outright failure to comply with agreed terms.
Our Maryland contract lawyers can explain that determining a breach involves reviewing the contract’s terms and comparing them with the other party’s actions. Common signs include missed deadlines, non-delivery of goods or services, or performance that does not align with the agreement. Clear documentation, such as emails or meeting notes, can help establish whether a breach has occurred and provide a foundation for further action.
It’s important to understand your rights and obligations by reviewing the contract from the very start. Next, document the breach thoroughly, including any communications or evidence of non-compliance. It’s helpful to notify the other party in writing, outlining the issues and seeking a resolution. If informal efforts don’t resolve the matter, consulting with an attorney experienced in contract law is often the next step. Legal remedies may include seeking damages, enforcing specific terms, or terminating the agreement.
Termination depends on the nature and severity of the breach, as well as the terms of the contract. Material breaches typically justify ending the agreement, but minor breaches might not. Before taking action, it’s important to seek legal advice to avoid unintended consequences. In some cases, pursuing other remedies while maintaining the contract may better serve your interests.
Businesses can mitigate disruptions and protect their rights by promptly addressing contract breaches. Maryland contracts lawyers can provide invaluable support in resolving disputes efficiently.
Contract disputes can be challenging, but proactive steps make a difference. For personalized guidance on contract issues, attorneys like those at Brown Kiely LLP can offer clear solutions tailored to your situation. Our partners each have more than 20 years of experience. Contact us today for a complimentary consultation to discuss how we can assist you.
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