Breach of Contract

Contracts are legally binding and are enforceable by law. Contracts typically contain these elements: all parties agree to the contract, that one party’s offer is accepted by the other party and both sign the contract, and something of value is exchanged for something else of value such as cash, services or goods.

 

A Breach of Contract takes place when a binding contract or agreement is not honored by one or more of the parties. A breach is the failure or refusal to perform per the obligations under the contract, before, during or after the completion, or a party to the contract stops or prevents a performance.  

 

It should be noted that email exchanges and other electronic communications (i.e., texts, instant messaging) can fulfill the legal requirements of a legally binding contract.  Both the federal Electronic Signatures in Global and National Commerce Act (applies to interstate and foreign transactions) and the Uniform Electronic Transactions Act (UETA) that was enacted by Colorado in 2002, have laws stating the sender’s printed name at the end of an email, in the email’s signature block or even in the “from” line can be a sufficient electronic signature to bind the sender to a contract formed by the email exchange.

 

Recently, a case in New York set precedent wherein the court found that an executive’s written employment agreement had been modified by an email exchange between him and the chairman of the executive’s parent company. In other words, their email exchanges inadvertently modified an existing contract.

 

Whether you’re a businessman or client, you need to create the attitude that every email you send could be the equivalent to a signed contract on paper. To help protect yourself, you can have a disclaimer on your email with a paragraph that includes:  this email is for discussion purposes only, any offer is not an acceptable offer, no intention to enter or modify a contract or this email is nonbinding. You should also be cautious using words such as offer, agree, agreement or accept in your electronic messaging.

 

Every state has countermeasures for people and businesses that have suffered damages resulting from a breach of contract. When a breach presents itself, one or more of the parties may want to take legal steps to enforce the terms of the contract or may want to recover financial losses caused by the breach.

 

Our contract attorneys at Gantenbein Law Firm are skilled with Breach of Contract issues. We may be able to help you seek financial relief for damages or for a specific performance not done or completed per the contract terms. There are also cases wherein reasonable costs and attorney’s fees associated with a Breach of Contract lawsuit are recovered.  We handle Breach of Contract disputes related to, but not limited to: vendor agreements, purchase and sales agreements, construction contracts, real estate contracts, joint venture agreements, lease agreements, non-compete agreements, franchise contracts, parts contracts, business sales and merger agreements. Gantenbein Law Firm's experienced business attorneys can expertly assist with all your business and business contract matters.