Breach of Contract Lawyer Maryland
If your family, business or organization is being affected by a breach of contract, you may benefit from speaking with an experienced Maryland breach of contract lawyer from Brown Kiely LLP. A “breach of contract” occurs when one party to an agreement doesn’t hold up their end of the bargain. It’s important to understand that any failure to honor the terms of the contract is generally considered a breach. Breaches may therefore be minor or significant. Minor breaches are commonly referred to as “non-material breaches.” Significant breaches are commonly referred to as “material breaches.” Parties may hold each other legally accountable for either non-material or material breaches, although damages are more likely to be awarded in a material breach matter.
How do you know if the breach in question is non-material or material? It is generally not a good idea to make assumptions in regard to legal distinctions like these. Most of the time, it’s a better idea to speak with an experienced Maryland breach of contract lawyer about your specific contract terms and breach situation. As a rule of thumb, non-material breaches don’t affect the outcome of the contract, whereas material breaches do. But again, it’s generally not a great idea to assume that a specific breach is material or non-material before receiving experienced guidance from a Maryland breach of contract lawyer.
It is also important to understand that you should strongly consider speaking with a Maryland breach of contract lawyer whether you are being affected by another party’s breach or you are in breach of a contract that you are party to. Life happens – circumstances evolve. Not all breaches are indefensible. In fact, there are times when breaching a contract is unavoidable. Whether you’re being practically or financially affected by another party’s breach or your own breach, it’s a good idea to speak with an experienced Maryland breach of contract lawyer about your options. Depending on your circumstances, you may be able to hold the other party accountable for their failure to honor your contract, you may be able to renegotiate the terms of your contract or you may be able to avoid expensive consequences related to your own breach-related challenges.
Moving Forward After a Breach of Contract Occurs
Navigating a personal or business relationship after a breach of contract occurs can be challenging. You may or may not wish to remain in the relationship affected by the breach. You may or may not want to renegotiate the terms of the original contract. You may or may not want to hold the other party accountable for the harm they have caused, if they were the one in breach of their contractual obligations. For these reasons and many others, it may be in your best interest to hire a Maryland breach of contract lawyer as soon as you are affected by a breach of contract or are in anticipation of this state. An attorney may take numerous steps to guide you to a resolution of your situation. Depending on your unique circumstances, these steps may include the following:
Step #1 Review Your Contract
If you believe that your business partner is in breach of contract, prior to meeting with them, take the time to sit down and review the contract. You will want to have your information in order prior to approaching them regarding the breach. In some cases, it may even make sense to sit down with your MD breach of contract lawyer to review the contract and create a plan for moving forward.
Step #2 Talk it Over with Your Business Partner
If you are able, it’s always important to attempt to resolve things with your business partner if you are able to. In some cases, the breach may have been a simple misunderstanding. Additionally, if your business partner is in breach of contract, they may be willing to take steps towards remedying the situation. In some cases, these types of negotiations may be entered with legal representation by your side. Having the ability to negotiate with your business partner outside of the courtroom can not only reduce the likelihood of a long legal process, but also save you money in legal fees.
Step #3 File a Lawsuit
If you and your business partner were unable to reach a resolution together, you may need to take legal action. When one business partner is in breach of contract, the other may choose to take legal action against them for their losses. Damages may result if the business partner’s actions resulted in financial losses or because the partner stole from the business. Prior to moving forward with a civil suit, it’s important to first speak with a business attorney. Legal entanglements can become costly, making it key that you have a clear idea of the road that lies ahead to obtain damages.
Step #4 Dissolve the Partnership
When trust has been broken in such a way, it can be difficult for a business partnership to recover. Because of this, it may be in your best interest to resolve the partnership. If a breach of contract has already occurred, and your partnership was formed based on a contract; the breach may make the partnership void. However, if the business partnership you formed was a legal entity such as a limited liability partnership; it will be important to work with a Maryland breach of contract lawyer. This will be key as the laws regarding the removal of a business partner can have variations depending upon the state you live in.
Written Partnership Agreements
A business partnership does not have to be in writing to be valid. However, by taking the time to develop a partnership agreement, you and your business partner can have a clear path for:
- Making Decisions
- Running Your Business
- Determining Financial Responsibilities
- Creating a Plan for Profit Sharing
- Dividing Business Responsibilities
- Anticipating Disputes
A partnership agreement may be helpful in providing you with a clear path for how you will manage disagreements throughout the life of a partnership. In some cases, with a solid agreement in place, you and your partner will have the ability to circumvent the likelihood of going through litigation. However, sometimes, despite your best efforts to amicably resolve the partnership; you may still require litigation to appropriately dissolve the business partnership/agreement.
When partners are in disagreement, or one is in breach of contract, the ramifications can be disastrous. When there is conflict within a partnership, the consequences may not only impact the relationship you had with your business partner but also, your business.
Contact a Maryland Breach of Contract Lawyer from Brown Kiely LLP Today
If you have incurred what you consider to be a repudiatory breach of contract by another party and wish to pursue a claim, you should reach out to a breach of contract lawyer in Maryland today. Oftentimes the initial consultation is free and the attorney will work on a contingency fee basis. This means that you will not have to pay him or her if you lose your case. On the contrary, if you have been sued for breach of contract or are being threatened to be sued for breach of contract, it is also very important that you contact an attorney. They will do their very best to win your case and bring you the justice you deserve.
Discuss what is going on with your specific situation and make sure that you have a knowledgeable breach of contract lawyer Maryland clients recommend looking out for you.
What Happens When an Insurance Company Breaches an Agreement with a Policyholder?
Many business owners and private citizens alike are unaware that the law allows them to sue their own insurance company under certain circumstances. It is certainly possible for an insurance company to commit a breach of contract with an individual or business-based policyholder. If you are concerned that your insurance company is not honoring the terms of your policy, you may benefit from speaking with a Maryland breach of contract lawyer from Brown Kiely LLP about your legal options. When preparing for your confidential, no-risk consultation, you may wish to familiarize yourself with the following basic terminology. That way, you can write down any questions these terms may inspire so that our experienced Maryland breach of contract lawyer can answer them when we meet:
Breach of Contract: When a customer purchases a policy with an insurance company, there is a legal agreement that is made between the customer and the company. This agreement is a contact that provides the details of the coverage, including situations where the customer will be covered and what situations are excluded from coverage.
If the insurance company fails to adhere to the terms of the policy, the customer may have a breach of contract claim. Not paying (or underpaying) a customer for a claim that is legitimately covered under the policy and not compromised by an exception (the customer hasn’t paid their bill, etc.) is a breach of contract. An experienced Maryland breach of contract lawyer can explain whether your situation meets this standard and can help you explore your legal options.
Bad Faith: If the insurance company does not make a reasonable effort to provide the customer with full compensation for the claim they filed, the courts may consider that bad faith. In addition to the damages of the original claim, the court may also award the customer damages that they wouldn’t otherwise be entitled to.
Defense Denial: Included in the contract between customer and company is the stipulation that the insurance company will defend the customer if they are sued for an accident. If the insurance company refused to defend a customer in a lawsuit, the customer can potentially sue them for breaching the contract in this way.
Obtaining Legal Assistance
If you believe that your insurance company has breached the terms of your policyholder agreement, please consider scheduling a confidential, no-risk consultation with a Maryland breach of contract lawyer today. Once we understand the details of your situation, we can advise you of your legal options accordingly. We look forward to speaking with you.