Contract Breaches
When a party to a contract does not hold up their end of the bargain, it can create uncertainty for everyone involved, and the consequences can be very unpleasant.
If you are a party to a contract that has been breached or you have committed a breach of contract, contact us for expert guidance on navigating your next steps.
Why choose us?
We have a combined experience of over 60 years’ experience in advising individuals, small businesses and large corporations on all aspects of contract law, including drafting and negotiating contracts, enforcement of contracts and breach of contract situations. We have a deep understanding of the typical risks that may make a breach of contract likely and will use our expertise to advise you appropriately.
We regularly act for parties who have either committed a breach of a contract, or who are aggrieved by a breach committed by their counterparties, and are therefore, conversant with the issues that typically arise on either side. We understand how difficult situations like this can be for the parties involved and will work to ensure the best outcomes for you.
Our services are competitively priced, and depending on your preference, we offer fixed fee and hourly billing options.
Our approach
When drafting contracts, we adopt a proactive approach to catering for breach of contract situations. We ensure that the contracts we draft adequately anticipate potential breaches of contract and ensure that the contract provides a mechanism for remedying the breach with minimal disruptions to the performance of the other obligations. We also ensure that contracts we draft adequately take care of situations where the breaching party fails or refuses to remedy their breach.
Where a breach of contract has occurred, our first step is to understand your requirements, to enable us to develop the right strategy for achieving your goals, whether the goal is for the contract to be terminated or continued, despite the breach, taking into consideration your rights and obligations under the contract. Once we develop a strategy, we will execute it swiftly, and keep you updated throughout the process.
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Services to the Non-Breaching Party
We provide legal services in respect of all kinds of breach of contract, including material breaches, minor breaches, anticipatory breaches and actual breaches. Our services include:
Issuance of Notices
Usually, a contract will require the non-breaching party to issue notice to the breaching party, demanding that the breach be remedied within a stipulated timeline. The contract can only be terminated if the breaching party fails to remedy the breach within the timeline specified in the notice.
Where a contract contains this requirement, we will draft the notice and issue it to the breaching party on your behalf.
Termination of Contract
You will be entitled to terminate a contract where the other party has committed a material breach or anticipatory breach, or where the contract entitles you to terminate in the event of a breach. This is not an exhaustive list and you’re rights to termination will depend on factual circumstances unique to you’re matter.
If you are entitled to terminate the contract and wish to do so, we will:
➝ Review the contract to ensure that the procedure for termination is complied with
➝ Draft the necessary termination notice
➝ Issue the notice to the breaching party on your behalf
Representation at negotiations, mediation or arbitration proceedings
Sometimes, a breach of contract may give rise to a dispute. A contract may require the parties to attempt to resolve disputes through negotiation, mediation or arbitration. Alternatively, a party may elect to use any of these methods. Whichever is the case, if the dispute is to be resolved through any of these methods, we will provide you with legal representation at all meetings or hearings related to the dispute.
Civil Litigation
In all kinds of breach, you may institute an action in court against the breaching party, if the breach is not remedied. You may make a claim for damages, rectification or specific performance as appropriate. We will:
➝ Prepare the necessary documents to be filed in court
➝ Represent you at all hearings before the court
➝ Enforce any judgment awarded by the court.
Services to the Breaching Party
If you have breached a contract, we can help you:
➝ Negotiate a grace period for the performance of your obligations
➝ Respond to notices issued by the non-breaching party
➝ Represent you and defend your position at court or alternative dispute resolution proceedings