Breach of Contract Attorneys in Richland County
Columbia SC lawyers assist in resolution of contractual disputes
Contracts with employees, vendors, customers or others are the bread and butter of a business. When a party breaches a contract or accuses you of a breach, it can have serious negative impacts on your operations and bottom line. The attorneys of Montgomery Willard LLC have a wealth of experience successfully litigating and resolving contract disputes. Based in Columbia, we represent business clients in Richland County and throughout South Carolina.
Types of breaches of contract
A breach of contract may be material, if it prevents the other party from getting the benefit they reasonably expected, or nonmaterial, if it is a minor violation that doesn’t destroy the contract’s overall enforceability. The distinction between a material and nonmaterial breach affects the damages that may be recoverable.
A breach of contract may be actual or anticipatory. The latter occurs when a party refuses to perform or acts in a way that makes performance impossible before the date set by the contract. This may be evidenced by express repudiation or implied refusal, such as by taking actions contrary to the obligation.
Common causes of contractual disagreements
Parties to a contract often disagree about whether they performed their obligations. Sources of dispute can arise from any of the following:
- Ambiguous, erroneous or missing language in the contract
- Alleged failures to perform contractual obligations
- Questions about the quality of goods or services provided under the contract
- Allegations of fraud, misrepresentation during the contract negotiations
- Unconscionable and other legally questionable provisions in the contract
- Circumstances that make it difficult or impossible to perform on the contract
Regardless of the causes of a dispute, the law allows you to seek remedies for any breach of contract if you prove the other party’s liability. Remedies include damages, rescission of the contract, specific performance of contract obligations, restitution and reformation (alteration) of contract terms.
Harm that can result from breach of contract
A breach of a contract poses potentially serious consequences. Even if the contract allows a party to wait until after the breach to perform its side of the contract, the contractual dispute might create other difficulties, such as frustrating its ability to conduct its business. Although one party can sue the other to enforce the contract or obtain damages caused by the breach, litigation can take a long time and there is no guarantee of success. As for the alleged breaching party, in addition to having to defend itself in the case, it might also lose the benefits of the contract and others to come
Strategic legal solutions for your case
Whether you are accused of breaching a contract or are trying to enforce it, you need an attorney with the knowledge and experience to take legal action best suited to your circumstances. We will pursue effective strategies that we believe best promote your interests. One method of resolution might be negotiating a settlement, perhaps with the help of a mediator. If that is insufficient, we will determinedly represent your position in court and do our best to bring about a favorable result.
Call a Columbia law firm skilled in resolving contractual disputes
With more than 100 years of combined experience in contract law, the attorneys of Montgomery Willard in Columbia can protect your rights in a breach of contract case. Call us at 803-470-0722 or contact us online.
