Contracts, like other legal issues, come in all shapes and sizes. They can be written, oral, or implied, or a combination. You do not need a written contract to have an enforceable agreement. 

Typically, when clients come to us to evaluate a contract dispute the first step is to ask the client why they believe the contract was breached.  We then proceed with questions designed to elicit information to assess whether there was an enforceable contract, a breach, and damages.  For example,
  • Is it in writing, oral, or implied?  
  • If there is a contract, did the client perform its end of the bargain?  
  • Did the other party fail to perform its end of the bargain?  
  • Why did one or more parties fail to perform?  
  • If there was performance, was it complete or partial?  
  • Was the performance adequate?  Why was it inadequate?  
  • What are the damages for failing to perform or failing to properly perform the agreement?  
  • Besides damages for breach of contract are there other remedies available to you?
  • Are there any potential cross-claims against you, e.g., negligence, fraud, breach of contract?    
  • Do you still want to do business with the breaching party?  Believe it or not companies which do frequent business continue to do business while resolving a separate contract dispute  
  • Are you a third party beneficiary to someone else’s contract?

Newport Beach Breach of Contract Attorney

The answers to these questions will help us evaluate your concerns. If there is a breach of contract, we work with you, the opposing party, or the opposing attorney to make sure you are paid what you are rightfully owed under the agreement.  If we cannot resolve the matter informally, and should the circumstances justify escalation, we will present the matter to court. We will also check to see if there are alternative dispute resolution procedures (e.g., mediation or arbitration) which would keep the time and expense to a minimum.

Contact Dimitri Gross — Experienced Business Litigation Breach of Contract Lawyer

To discuss your concerns or dispute with an experienced contract and business law attorney, contact Dimitri Gross online or call 949-788-1007 to make an appointment.