With many contracts, the idea is that both parties are receiving something that benefits them. Problems can arise if a contract is in dispute because of financial problems, delays or other types of unexpected events that affect the contract’s ability to be fulfilled.
If a breach of contract occurs, you or the other party may want to have the contract enforced or may want to recover any financial losses you’ve suffered. If your attempts at a resolution between your attorney and the other party’s attorney fail, then you may need to file a lawsuit in the court system. Your case may go to small claims court if it’s under a $3,000 dispute, while all other claims will go through the regular court system.
There are a few remedies for a breached contract, including damages, cancellation and restitution or specific performance. Damages include a payment from the party who breached the contract to the other party. Specific performance is a court-ordered duty that the other party must be able to complete. Cancellation and restitution results in the cancellation of the contract and payment by suing the party that broke the contract.
If you’ve made a contract with another party who isn’t holding up their end of the deal, it’s important that you’re able to file a claim against that party and to try to get what you need out of the contract. Our website has more information on what to do if your contract dispute has gotten out of hand and you want to head to court to take care of the case.