The phrase "Breach of contract" is often thrown around many times, not only in business but also in the construction industry. If you entered into a construction contract but the other party fails to honor the agreed-upon terms, you can file a lawsuit against that party for a breach of contract.
Unlike business and other transactional contracts, construction contracts can be breached in various ways. The main breach of contracts in construction occurs when one party fails to comply with all or part of their contractual obligations. Regardless of factors causing the issue, a breach of contract lawyer can help you get compensation.
What is a Breach of Contract?
Before we explain what a breach of the contract refers to, let's help you understand what a construction contract is.
When you agree with another party relating to construction in exchange for finance, products, or services, it is always a good idea to fulfill the promise. Both parties must have an acceptance, mutual understanding, and consideration that they intend to work together under the conditions of the agreement. However, when either party has intentionally or accidentally, partially or wholly, failed to do what they agreed, they are said to have breached the contract.
Construction can be tricky as anything on the job site can change without notice. Therefore, it is critical to analyze all aspects of a construction contract, including the parties involved, before signing the agreement.
Disputes in construction contracts are inevitable, so it is important to notify your lawyer when you enter a new contract.
How Can You Prove a Breach of Contract
Despite contracts being a common occurrence in the construction industry, there are times when a breach arises. Many complainants aren't compensated fairly because filing a breach of contract lawsuit is a complicated process requiring skilled lawyers to navigate the challenges.
Nonetheless, for this type of case to succeed, you'll have to prove the following:
The existence of a legal construction contract
You met your obligations as outlined in the contract
The other party failed to partially or wholly perform their duty per the contract.
You incurred a loss or suffered an injury because the other party breached the contract.
Before filing a lawsuit, you must have all the essential information relating to an agreement. You should also re-read the contract to understand all details effectively. Many contracts contain a section outlining what should be done when a breach happens.
Resolving a Breach of Contract
Mediation is the most recommended way to resolve contract disputes. The approach ensures all parties abide by the contract and avoid a lengthy and costly legal process. It also facilitates new negotiations about the agreement and entering into another deal. Unfortunately, mediation doesn't always work, and you may be forced to pursue other necessary means.
If you can't resolve the dispute by mediation and arbitration, you can file a lawsuit against the other party. Taking this action can help you get compensation or have the other party respect and act in accordance with the terms of the contract.
The law has time limits on when you can pursue legal action relating to a breach of the construction contract. Navigating through the complexities of contract law on your own is not an easy task. But a licensed, experienced attorney understands the laws involved in this matter and can help you argue against the other party in a court of law.
File a Breach of Contract Lawsuit with Richards and Colburn Law
We understand what it means to fulfill a promise, and when someone breaches their contractual promise, you may consider taking legal action. Our experienced attorneys are prepared to help you file a lawsuit.
At Richards & Colburn Law, we strive to address our client's legal needs and help them get compensation in various lawsuits. We can help you file a breach of contract lawsuit and get justice. Contact us us for a free consultation.
Image Credits: garagestock / giggsy25 / Shutterstock
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