Breach Of Contract Lawyer Des Moines IA
A Breach of contract lawyer Des Moines, IA from the Law Group of Iowa has seen the myriad of reasons why breaches of contracts occur. In any kind of business, there will be agreements written up in the form of a contract that must be signed and abided by each party involved. When one party does not fulfill their side of the arrangement, then they are in breach of that contract. We know that for a business owner, there is nothing more frustrating, or even financially devastating, when someone breaches a contract. It is imperative that businesses have a trusted law firm they can rely on to review contracts prior to signature.
If your company is dealing with a breach of contract issue, we urge you to get legal assistance right away before the matter can escalate. The four main types of contract breaches, which may include your situation, are described below:
Otherwise called a partial breach, a minor breach happens when the duty was fulfilled, but the service, goods, or product had an issue with it. An example of a minor breach would be if a home appliance was delivered but the instructions were missing or not complete. In these situations, the non-breaching party is only permitted to sue for actual damages and not specific performances.
A material breach occurs when there was a failure to fulfill the contract to such an extent that it renders the agreement unrepairable and completely defeats the intention of writing the contract to begin with. An example of this would be hiring someone to perform home repairs of a roof that ends up cracking and leaking right away. The homeowner may wish to seek restitution for not only replacement of the roofing material, but the loss in home value as well.
As your IA Breach of contract lawyer in Des Moines can explain, when one party does not fulfill a term that was a core component of the agreement, this is referred to as a fundamental breach. An important element of a fundamental breach is that one or more of the other parties were not able to complete their duties in the contract because the breaching party failed to perform theirs.
An anticipatory breach in contract happens when a party abandons their end before their performance is due. The elements for this kind of breach necessitates that the repudiation is not retracted before the time for performance, or before a detrimental position change by the non-abandoning party. The difference between an anticipated breach and actual breach is when one party doesn’t fulfill their side of the agreement by a due date or doesn’t perform it completely.
Suing for Breach of Contract
Many people often wonder if they should sue the breaching party when they violate a contract. The answer to this question will depend on the details of the case but in many cases it is recommended to strongly consider taking legal action against those who breached the contract. This is to hold them accountable and to not commit this violation against you or someone else again, or against another company. Suing someone can sometimes be a difficult process that can take time to complete. While not everyone opts to have a lawyer begin and complete their lawsuit they certainly can make the process easier. Someone who has experience with something typically knows how to do it better than someone with no experience. The same goes for dealing with the law. Our attorneys at the Law Group of Iowa have years of experience in helping clients with business-related violations and lawsuits. We will take the time to listen to your concerns and gather the details about the contract breach. Advice, guidance, and support are also some things that a breach of contract lawyer in Des Moines, IA from our firm can offer you. Reach out to us today to get your lawsuit started.
What Proof is Needed For a Contract Breach?
Having the right proof and validation of a contract is the first thing needed to start the case and lawsuit against the contract breacher. A written contract or document between you and the other party is especially helpful to have. In some cases, an oral discussion about the contract may be strong enough as well. Your breach of contract attorney in Des Moines, IA can fill you in more on the details of this when you speak with them. Depending on the case there may be other proof that is needed. This is why it is recommended to get professional help to fully understand the scope of this issue and to deal with it in a timely manner.
Common Contract Breachings
Many contract breaches are the result of business deals. For example, if someone signed a contract to receive a certain amount of goods at a certain price in a new and good condition and said goods were defective upon delivery this may qualify as a breach of contract. These types of situations are quite common among buyers and suppliers. The same can be said for the reverse scenario too. The goods that a manufacturer supplied to a customer may be good and delivered on time but the receiving party may decide they no longer want the goods. They may refuse to pay for them even though they already signed a contract to purchase them. When these types of situations arise it’s time to get in contact with a Des Moines, IA breach of contract lawyer from the Law Group of Iowa. With our experience and knowledge in contract law, we believe we can help you receive the results and the successful outcome that you desire.
Law Group of Iowa
When in need of help regarding a contract formation, dispute, or breach, many people rely on our law firm for guidance they can depend on. We have years of experience representing business-minded people who just want to see their company thrive. For support, contact a Breach of contract lawyer in Des Moines, Iowa from the Law Group of Iowa today!
What Legal Remedies are Available in a Breach of Contract Case?
A breach of contract lawyer Des Moines IA clients recommend knows that businesses rely on other parties living up to their contractual obligations. Unfortunately, sometimes the other party will fail to uphold their end of the bargain. Your business needs to be prepared to respond in this situation. Iowa uses a complex combination of state statutes and common law to determine possible remedies. If you have any questions about breach of contract remedies, please contact the Law Group of Iowa.
The primary remedies for a breach of a business contract involve financial compensation. There are several different categories of compensation that may be available in your case, including:
- Direct damages: This type of damage is meant to compensate you for your actual costs and losses.
- Consequential damages: This includes damages that stem indirectly from the breach. For example, your business may be able to recover for profits that were lost due to breach of contract. Consequential damages must have been reasonably foreseeable at the time that the contract was signed.
- Contract-specified damages: In some contracts, there will be provisions that will allow for the recovery of additional damages in the event that a breach occurs. For example, your contract might allow for the full recovery of your Des Moines breach of contract lawyer fees. Further, there might also be an express provision that allows for liquidated damages.
- Punitive damages: Finally, while relatively rare, it is sometimes possible to recover punitive damages for a breach of a business contract. This could occur if the other party has acted in an extremely egregious manner, and the court deems it necessary to punish that poor conduct to help prevent it in the future.
While monetary damages are the primary form of relief for a breach of contract, in some cases compensation alone will not be enough. You may be able to get injunctive relief for your contract breach. This typically comes in one of three forms:
- Specific performance: A judge may order that a party perform their end of the contract. Courts will avoid this type of relief whenever possible, but in some cases, specific performance may be necessary.
- Recession: A court may respond to a breach by canceling all other performance obligations associated with the contract.
- Reformation: Finally, in some cases, a court may work with the parties to determine that the best resolution involves restructuring
Call Our Office Today
An experienced Des Moines breach of contract lawyer can evaluate your situation and determine what type of legal recourse you may have. Your attorney will also make sure that your company’s best interests are protected. If you are dealing with a breach of contract issue, call the Law Group of Iowa to schedule a free and confidential consultation.
Tips for Preventing Contract Breaches
As our Des Moines, IA breach of contract lawyer will share, contracts are used in various areas. Businesses typically have contracts for their various dealings, and people have contracts in place when they conduct personal business. Common types of contracts people may make can include:
- Lease Agreements
- Property Agreements
- Employment Contracts
- Intellectual Property Agreements
- Sales Contracts
- Supplier/Distributor Contracts
To prevent issues, it’s helpful to have a lawyer from a firm like the Law Group of Iowa to ensure that contracts are well executed and legally binding. However, in some situations, problems may arise with contracts, especially when one person or party does not uphold their end of the agreement. While it may be possible to take legal action to resolve the issue, it’s essential to keep the following tips in mind to prevent the possibility of a contract breach:
Tip #1: Hire an Experienced Lawyer to Represent You
A lawyer can act as a resource at any point throughout executing and fulfilling a contract. Many people may form agreements without legal services. While this is possible, working with a Des Moines breach of contract lawyer can play a critical role in ensuring that their client is entering into an agreement that is realistic, manageable, and aligns with business interests. Contracts are an important aspect of a business’s functioning; because of this, there can be much riding on the contract being fulfilled. When a breach occurs, the damages can be extensive, and a professional will be necessary to strategize the steps for moving forward.
Tip #2: Carefully Read and Understand the Agreement Before Signing
It’s not uncommon for people to sign a contract after briefly reviewing the document. Getting through the dense language encompassed within these sometimes lengthy documents can be challenging. While reading the document, it’s critical to understand the agreement before signing. A lawyer can play a valuable role in reviewing the contract and ensuring that their client understands the deal. In addition, parties may review proposed contracts in some situations and provide their edits or suggested changes. At times, developing an agreement can be a collaborative process for both parties, which can be advantageous in preventing problems from occurring later on.
Tip #3: Know Who You Are Going Into Business With
When two parties begin to consider whether they will enter into an agreement or partnership with one another, it’s essential to know who they are about to go into business with. There are several reasons this is a critical component of doing business. Each party will want to know whether the other party is trustworthy, ethical, in good financial standing, and not involved in any legal entanglements. It may also be helpful to see whether they have other contracts that have been breached. Knowing these details can help ensure that you are partnering with someone likely to hold up their end of the deal.
Tip #4: Make Sure That the Contract is Reasonable
Before signing a contract, business owners must carefully consider the agreement and the terms they agree to. Business owners should assess whether they can fulfill the prospected agreement to prevent breaches from happening down the road. When entering a contract, both parties should be confident that they can achieve their responsibilities.
To learn more about the services our Des Moines breach of contract lawyer offers, contact Law Group of Iowa as soon as possible.