Breach of Contract Disputes

Contracts are an essential part of the business world and legal disputes can prove devastating to your reputation and livelihood.  Business disputes can arise for many different reasons, with one of the most common issues being a breach of contract claim. Many breach of contract claims are often times very complicated and factually specific. Some can be resolved through mediation or arbitration, but oftentimes the disputes end up before a Judge. Whether or not your contract dispute concludes in litigation, having an experienced contract law attorney on your side is an invaluable asset. Mr. Jutla is comfortable and skilled in negotiation and will work toward settlements that will benefit his clients. However, he also is exceptional in providing legal representation in court.

Some of the most common breach of contract issues arise out of:

Partnership Agreements specifically detail the relationship between business partners and their individual obligations and contributions to the partnership. In order for a partnership to thrive the relationship must be based on trust, honestly, reliability and understanding.

Operating Agreements are similar to a partnership agreement however these documents are used between the members or a limited liability company. The purpose of the agreement is to govern the internal operations of the business in a way that suits the specific needs of the business owner.  It is unwise to operate without an operating agreement even though most states do not require a written document. 

Fiduciary Duty or a breach thereof occurs when a trusted person commits a wrong against the person that trusted him or her. Plaintiff must prove that the defendant had fiduciary duties such as acting in good faith, being transparent with pertinent information, and being loyal to the plaintiff. Examples of fiduciaries include partners, attorneys, employees, real estate brokers, agents, and guardians.

Shareholder Agreements are arrangements among a company’s shareholders that describes their rights, privileges, protections and obligations. In practical effect, it is analogous to a partnership agreement.

Real Estate Litigation involving mortgage foreclosure defense, real estate contracts, brokerage disputes, quiet title actions, breach of leases, tenancy issues, guaranties and promissory notes.

Depending on the specifics of what occurred in the breach of contract, specific monetary damages and/or equitable remedies may be awarded. These monetary damages include:

Quantum Meruit the Latin phrase means “as much as he deserves” is used to describe a cause of action brought to recover the reasonable value of services, which have been non-gratuitously rendered, but where no contract exists to prescribe exactly how much the rendered services should have been.

Liquidated Damages are pre-determined and agreed upon by the parties prior to execution of the contract. A liquidated damages clause is ideal for when damages are difficult to forsee, and an estimate for potential damages is required.

Compensatory Damages are designed to compensate the non-breaching party for any economic losses that resulted from contract breach. They are not intended to punish the offending party.

Punitive Damages are intended to punish or penalize the offending party and are not available in every situation, though. This type of damages is reserved for matters where a party behaved in a reprehensible way and discourages them from committing similar action in the future.

Restitution is often ordered to make the breaching party pay the injured party back. The intent of restitution is to restore the injured party to the position they were in before the contract was created. 

Consequential Damages, or special damages, that occurred because the other party failed to meet their contractual obligations.

While legal remedies aim to compensate for any immediate or future losses, “equitable remedies” that require the other party to do something specific, or act or refrain from acting in a certain manner. Equitable remedies are court-ordered and can take many different forms. For a breach of contract case, common equitable remedies include:

Specific performance is when the court forces the breaching party to perform their part of the contract. This type of equitable remedy is common in real estate contracts and land deals.

Rescission of contract cancels or terminates the contract.

Reformation of a contract is where the contract or certain portions of the contract are rewritten to more accurately represent the intentions of both parties.