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. For the help you deserve, contact our Washington DC breach of contract lawyer at Brown Kiely LLP.
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 successful business operations; 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, goods, or services 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 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 in Washington DC to find out what your options might be.
Two Main Types of Contractual Breaches
- Material Breach: This is applicable when a task, promise, or duty was not carried out, but was necessary, which meant the main objective of the agreement could no longer be satisfied.
- Immaterial Breach: Typically, a partial breach of contract 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 Washington DC 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 Washington DC breach of contract 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 breach of contract lawyer in Washington DC might also review the initial agreement to see whether some restrictions or limitations 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 regularly. 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.
Our Washington DC breach of contract lawyer shares that these legal tools are ubiquitous. They help businesses, promoters, educators, physicians, and many others avoid legal liability if 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 to avoid frivolous lawsuits. But at other times, these documents serve to insulate parties that could otherwise be reasonably held liable for harm.
Legal Liability Waivers – The Basics
It is essential to speak with our Washington DC breach of contract lawyer 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 appropriately drafted and are, therefore, not always enforceable. If you hope to ensure waivers are legal and proper or challenge a waiver you have agreed to, a breach of contract lawyer in Washington DC, experienced in the area of contract law, can help you explore your legal options.
It is essential to understand that 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. 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 business representative seeking to draft and 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 clarify legal liability waivers as they may apply to you and your business. Please consider calling a breach of contract lawyer in Washington, DC today. Your future self may thank you for making an effort!
Breach of Contract Questions Answered
There are many ways that a breach of contract may occur. This is likely to leave you wondering what your next steps should be. A contract is an agreement that is legally binding and is often used for the exchange of goods and services. Contracts often involve two or more parties and can be used for a variety of things and are a way of ensuring that a clear agreement is established. When a breach of contract has occurred, our Washington DC lawyer knows that you will have many questions for how to move forward. For the answers you need and legal guidance you can depend on, contact Brown Kiely LLP to schedule a consultation with us.
What are common reasons to have a contract in place?
When you are developing an agreement, the terms and expectations should be clearly outlined. Having this outlined in writing not only creates concise documentation but allows both parties to understand their roles and expectations. This can reduce the risk of confusion or misunderstanding down the road. Also, it can reduce the likelihood of Washington DC business owners facing a breach of contract down the road.
What must be included in a contract for it to be legally binding?
There are essential components that must be included within a contract for it to be legally binding. Our Washington DC breach of contract lawyer can help to ensure that the following are included within all contracts created by our team:
- Presence of an offer or agreement
- Acceptance of a contract
- Mutuality of Obligation
Does a contract always have to be in writing?
While you may be able to reach a verbal agreement, it’s always best to have things in writing. Contracts over $500 must be in writing for them to be valid. Although creating an oral agreement may seem like an easy route to take, it can be challenging to enforce in the long run. Without a record of the contract, you may be left unable to enforce the contract. Our Washington DC breach of contract lawyer shares that to enforce the following agreements, they must be in writing:
- Real Estate Transactions
- Sales Over $500
- Contracts to Pay Other Parties’ Debts
- Contracts That Are Longer Than One Year
If someone is in breach of their contract, how can they be held accountable?
If you have entered into a contract with another party and have found they are not holding up to their end of the deal, you may be able to take legal action. Our Washington DC breach of contract lawyer can help you hold the other party accountable so that an agreement can be reached.They may be required to cover your losses or fulfill the original contract agreement if they are able. By taking legal action, you may be entitled to:
- Compensatory Damages
- Consequential Damages
- Punitive Damages
Contracts are utilized for a vast array of agreements, both in our personal and professional lives. Often, there can be much riding on a contract. When an agreement is broken, or a Washington DC breach of contract occurs, it can have a significant impact. Don’t put yourself at risk by making agreements without a written contract in place. Brown Kiely LLP can help if you are developing a contract or would like help managing a potential breach. For more information, please schedule an appointment with our Washington DC breach of contract lawyer before it’s too late.