Breach of Contract Lawyer Washington, DC Trusts
Brown Kiely LLP has over 20 years in drafting, negotiating, and amending custom and form contracts for many clients. We understand the importance of ensuring all terms are clear and concise. Furthermore, we know that every contract must include the exact details of what each party wants and when products, services, or fees should be rendered. Unfortunately, many people do not understand these things and use free template contracts, oral contracts, or poorly drafted forms. Often these things result from misinterpretation, disingenuous claims, and false statements, which can result in a contract dispute.
What Is a Breach of Contract
A contract is a base foundation of a company, a mutual promise, or an agreement between two or more parties. Contracts are vital to a successful business operation; however, many business disputes stem from allegations of a contractual breach. The following are common types of contract breaches; all of which can be resolved with the right breach of contract lawyer in Washington, DC.
A breach of contract refers to a nonfulfillment of a promise, duty, good, or service without a legal excuse to carry obligations out. This could include failing to pay a construction company the agreed upon amount even though they completed the job as requested. Another example might be an employee who was caught participating in an activity that was clearly prohibited in their contract.
Breach of contract laws are intricate and can carry over into different states or countries. For this reason, it is advisable to talk with a breach of contract lawyer to find out what your options might be.
Two Main Types of Contractual Breaches
1. Material Breach: Applicable when a task, promise, or duty was not carried out, but was necessary, which meant the main objective of the agreement can no longer be satisfied.
2. Immaterial Breach: Typically a partial breach of contract, this happens when most duties, promises, or tasks have been fulfilled, but not all. In general, this contact cannot be terminated, but you may be able to seek damages.
Other types of contractual breaches do exist and can further be explained by a Washington, DC breach of contract lawyer. No matter what type of breach you are coping with, the lawyers at our firm will work diligently to gather all the facts and evidence that support your case. If you have a verbal contract, your claim could be legitimate, but it might take more time to prove to a court. The goal of a breach of contract lawyer from Brown Kiely LLP will be to prove that:
- There was a contract
- A party included in the contract broke their agreement
- You suffered some kind of loss, delay, or disruption
- The party who broke this contract is liable
If a lawyer proves these things, you may be able to recover:
- Liquidated damages
- Monetary damages
- Equitable remedies
- Legal fees
When there is more than money involved in a breach, you might also be able to recover:
- Specific performance – Each person in the contract may be ordered to complete the original task, duty, or promise as agreed to.
- Rescission – When a contract has been canceled, and money has been returned, the matter is dropped altogether.
- Reformation – The contract is re-drafted so that it clearly states all terms and suits the actual objective or intention of the contract.
When you consider legal action, a lawyer might also review the initial agreement to see whether or not there are restrictions or limitations that waive any possible remedies. Regardless of what you are dealing with, it is in your best interest to get advice from a breach of contract lawyer Washington, DC clients recommend by calling Brown Kiely LLP today.
Understanding Legal Liability Waivers
If you are a parent, you likely have to sign legal liability waivers on a regular basis. It seems that every organized activity, from playing around in a trampoline park to joining a recreational softball league requires parents to sign away their legal rights in the event their child is hurt. But kid-related activities are not the only events impacted by legal liability waivers. Accessing digital content, purchasing concert tickets, even applying for a library card may necessitate either signing or otherwise agreeing to a legal liability waiver.
These legal tools are ubiquitous, as they help businesses, promoters, educators, physicians and many, many others avoid legal liability in the event that someone is hurt while using their products, taking part in their services and otherwise doing anything connected with their business or enterprise. At times, these waivers can be valuable. If you represent a business, you may be understandably interested in utilizing such waivers in order to avoid frivolous lawsuits. But at other times, these documents simply serve to insulate parties that could otherwise be reasonably held liable for harm.
Legal Liability Waivers – The Basics
It is important to speak with an attorney about legal liability waivers, whether you are interested in using them for a legitimate business purpose or you are concerned that a waiver may limit your ability to hold a negligent or reckless party accountable for unreasonably harmful behavior. These waivers are not always drafted properly and are therefore not always enforceable. Whether you hope to better ensure that your waivers are legal and proper or you hope to challenge the enforceability of a waiver you have agreed to, an breach of contract lawyer in Washington, DC experienced in the area of contract law can help you explore your legal options.
It is important to understand that simply because someone has consented to the terms of a legal liability waiver, that individual is not automatically barred from bringing legal action against other parties to the contract under certain circumstances. Liability waivers are subject to the rules of contract law and therefore, when these rules are broken or are otherwise compromised, it is generally possible for someone who has suffered harm to hold another accountable for that harm.
Legal Guidance Is Available
If you have questions about legal liability waivers, either as someone who is subject to such a waiver or as a representative of a business seeking to draft and/or enforce such waivers, please do not hesitate to schedule a consultation with an experienced breach of contract lawyer in Washington, DC today. Contract law is complex, nuanced and largely contextual. As a result, it is important not to make assumptions about your situation before speaking with a legal professional experienced in contract law. When properly drafted, legal liability waivers are usually enforceable, at least to an extent. But exceptions to this general rule certainly may apply under a variety of circumstances. Speaking with an attorney will help to provide clarity about legal liability waivers as they may apply to you and/or your business. Please consider calling a breach of contract lawyer in Washington, DC today. Your future self may thank you for making the effort!