Summerville Contract Dispute Lawyer
Breach of Contract Disputes
A breach of contract occurs when one party fails to fulfill its obligations to another party, thereby violating a contract or agreement. Breaches of contract can be very costly to the plaintiff—damages that can only be made up by filing a civil lawsuit, which are very common. In fact, 33 percent of civil lawsuits in state courts are for breach of contract, according to the Bureau of Justice Statistics. On the other hand, being sued for breach of contract when you did nothing wrong can also be incredibly damaging. At Shelbourne Law, our Summerville contract lawyers handle all matters and sides of breach of contract disputes, and are here to discuss your case at your soonest convenience.
Three Types of Breach of Contract
- Material Breach—The most significant breach of contract, giving the aggrieved party the right to file a lawsuit.
- Partial Breach—The breach of contract is not significant (does not cause the contract to fail) and most likely does not enable the aggrieved party to win a lawsuit.
- Anticipatory Breach—The plaintiff believes that the offending party is about to breach the contract, and therefore cause financial harm shortly.
Statute of Limitations
The statute of limitations for filing a breach of contract lawsuit is three years, according to Section 15-3-20 in Article 1 of Limitation of Civil Actions. This may seem like a long time, but the years can go by quickly, and important breach of contract disputes should not be left unattended to. If you are coming up on three years from the date of the contract breach, you need to take immediate action, and your lawyer needs to work quickly to file a lawsuit to stop the clock from running out.
Settling Breach of Contract Out of Court
The best solution for both parties is often settling through negotiation between parties, or by bringing in a third unbiased party during mediation. Going to court by filing a lawsuit or being sued is a timely, and often more expensive way to settle breach of contracts. As a certified mediator in addition to an experienced business law lawyer, Brandt Shelbourne has a successful history in conflict resolution, and can help you reach a favorable outcome.
Breach of Contract Litigation
Sometimes mediation does not work, and the only path forward is to settle the matter through litigation. If you end up going this route, you need a confident litigator with experience winning volatile lawsuits in South Carolina. The lawyers at Shelbourne Law can offer just that.
Defense to Breach of Contract Lawsuits
There are many defense to breach of contract, including the following:
- Fraud;
- Mutual mistake on both sides;
- Undue influence;
- Duress;
- Contract is invalid or unenforceable;
- Contract was illegal in the first place;
- You did uphold your side of the contract; and
- The damages the other party claims are limited or non-existent.
Contact Our Summerville Breach of Contract Lawyers
Whether you are being sued, or are the injured party and wish to seek financial compensations for your damages, the Summerville breach of contract lawyers here at Shelbourne Law can assist you in your pursuit. For more information about our services and your legal options, call us today at 843-871-2210.
