General

3 remedies for a breach of contract

Contractual agreements are the backbone of construction projects across Orlando. Without them, contractors, property owners, suppliers and designers are at risk of winding up locked in battle after battle.

However, disputes can arise even when there is a contract in place if one party breaches the contract. When a breach is material and jeopardizes the fulfillment of a contract, then claims seeking one of a few legal remedies we examine below may be necessary.

1. Money: Financial damages can be one of the most common legal remedies in light of a contract breach. These damages can cover everything from the money promised in the contract to restitution intended to make the non-breaching party whole again. Punitive damages may also be available in cases where the breach is exceptionally or morally reprehensible.
2. Action: Courts might order the breaching party to take the steps necessary to fulfill its end of the contract. This is called specific performance. In a construction-related dispute, for instance, this could involve ordering a supplier to provide the promised materials that he or she previously failed to deliver.
3. Cancellation: In some cases, cancelling the contract altogether is the most appropriate option. When courts or the parties involved cancel the contract, the action terminates both parties’ obligations to each other. The contract is voided, and the non-breaching party may or may not seek financial restitution.

While parties can expect that at least one of these measures will result from contract disputes, understand that the outcome of a particular case depends on the specifics of a contract and the breach involved.

In order to ensure that any order for money, specific performance or cancellation is fair and based on accurate information, it can be crucial for both the breaching and non-breaching parties to have legal counsel. Whether the matter is ultimately resolved through mediation, arbitration or litigation, an attorney with experience in contract law can prove to be a valuable partner in ensuring the outcome is just.

Tue Aug 28, 8:33pm