Orange County Indemnity and Breach of Contract Attorney

Contractual agreements can be written, oral, implied, or a combination. You do not need a written contract to have an enforceable agreement.

When clients come to us with potential contract disputes, we ask 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 there are other remedies available?
• 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? Some 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?

The answers to these questions will help us evaluate your case and create the best path forward, whether that is mediation, arbitration, or trial.