Breach of Contract

Breach of contract claims can often be resolved through negotiations, but in some cases ADR or litigation will be necessary. Our senior attorneys represent parties on both sides of disputes involving all types of business and commercial agreements.

Attorney Nick Oberheiden
Breach of Contract Team Lead

Contracting is an essential aspect of commerce. All types of businesses rely on contracts in numerous different capacities, from their IT services to their relationships with their customers. When parties adhere to the terms of their contracts, things usually go fairly smoothly. But, when a party breaches the terms of a contract, the direct and indirect costs can begin to add up quickly.

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Our firm represents businesses nationwide in breach of contract litigation. We also represent companies in settlement negotiations and alternative dispute resolution (ADR) proceedings involving breach of contract claims. If a breach of contract is costing your company time or money, or if your company is facing allegations of a breach, our attorneys can rely on their business litigation experience to help your company achieve a favorable result.

We Represent Companies Nationwide in All Types of Contract Disputes and Litigation

Within our business litigation practice, we serve as plaintiff’s and defense counsel for disputes involving all types of contracts. Our attorneys are equally skilled at negotiating out-of-court settlements and providing trial representation for companies facing actual and alleged breaches of:

Commercial Lease Agreements

Disputes under commercial lease agreements can involve a broad range of issues. From disputes regarding rent and CAM adjustments to disputes regarding subletting, assignment, and renewal, we provide strategic representation for commercial lessors and tenants in all forms of dispute resolution. We handle disputes involving all types of leased properties, including manufacturing, industrial, warehouse, office, entertainment, and retail locations.

Customer Contracts

Contract disputes with customers can involve unique dynamics, as resorting to litigation against a customer will not necessarily be in a company’s best interests. However, companies must also take appropriate legal action to protect their assets and business interests, and they must be careful not to set a precedent of allowing their customers to violate the terms of their agreements without recourse. Our attorneys have extensive experience addressing these types of considerations in contract disputes, and we can help your company make informed and strategic decisions moving forward.

Employment Contracts

Disputes regarding severance compensation, confidentiality and non-competition obligations, and various other issues can arise under employment contracts. We represent employers of all sizes in employment contract disputes involving senior executives and other employees. We also represent employers in other employment-related disputes, including wrongful termination claims.

Financing Agreements

We represent lenders, borrowers, lessors, customers, and other parties to disputes involving all types of commercial financing agreements. Our attorneys help companies favorably resolve complex disputes involving financing for vehicles, inventory, and other goods, as well as disputes involving financing for business operations and business acquisitions.

Government Contracts

Government contract disputes present unique risks and unique challenges for private contractors. At Oberheiden P.C., we have particular experience in the government sector, and we represent companies in dispute resolution proceedings involving government contract performance as well as federal investigations targeting allegations of government contract fraud.

License and Franchise Agreements

We handle disputes involving software, patent, trademark, and other intellectual property (IP) licenses as well as disputes between franchisors and franchisees. We represent licensors and licensees; and, in complex IP licensing disputes, we work closely with our clients’ key stakeholders and outside experts as necessary in order to clearly establish our clients’ exclusive intellectual property rights.

Merger and Acquisition Agreements

Mergers and acquisitions (M&A) are high-stakes transactions, and contractual disputes have the potential to lead to litigation prior to and after closing. We represent buyers and sellers in litigation and ADR involving M&A transactions of all sizes, and we have experience working with clients in all major industries and business sectors.

Partnership and Shareholder Agreements

Disputes arising under partnership and shareholder agreements can threaten companies’ sustainability and present significant financial risks for the business owners involved. These disputes can involve various issues, from disagreements regarding the company’s direction to allegations of misappropriating company funds, and they can have a variety of potential outcomes depending on the circumstances at hand.

Purchase and Sale Agreements

Our breach of contract litigation practice encompasses the representation of commercial entities in disputes involving all types of purchase and sale agreements, from transactions governed by Article 2 of the Uniform Commercial Code (UCC) to commercial real estate sales and acquisitions.

Vendor and Supplier Contracts

Contract disputes with vendors and suppliers can disrupt companies’ operations, and a swift resolution will often be necessary. Our business litigators are experienced in representing companies in high-pressure scenarios, and we can work quickly to enforce your company’s contractual protections or contractual rights.

Common Causes of Action in Breach of Contract Litigation

Contract disputes can involve an extraordinarily broad range of issues. The list is limited only by the terms of the parties’ agreement and the body (or bodies) of law that apply to the contract in question. We handle all types of breach of contract claims, including common claims such as:

Confidentiality, Non-Competition, and Non-Solicitation Violations – These provisions provide essential protections for contracting parties’ confidential and proprietary information, and violations can have immediate and substantial ramifications.
Failure to Meet Service Level Agreements (SLAs) – When a performing party fails to meet its SLAs, this can lead to litigation, and questions will often arise as to both the interpretation of SLA provisions and the appropriate remedies for SLA violations.
Failure to Pay – Disputes over contractual payment obligations may initially seem fairly straightforward (and in some cases they are), but there will often be issues that raise questions as to whether and when a party is obligated to pay.
Failure to Perform – Failure to perform can also be fairly straightforward to prove in some cases, but questions of timing, mutual performance obligations, force majeure, and other issues will often lead to more-complex disputes.
Fraudulent Inducement – Fraudulent inducement involves making false or misleading representations in order to win a contract. While not necessarily a breach of contract, fraudulent inducement can still lead to costly and contentious litigation.
Illegal Conduct – Business and commercial contracts often include provisions that prohibit either party from engaging in illegal conduct, and violations of these provisions can often result in significant reputational harm and liability exposure.
Indemnification and Insurance Violations – Indemnification and insurance clauses are designed to shift liability to the appropriate party. When a party fails to indemnify or provide insurance coverage as required, litigation or ADR will often be necessary.
Mandatory ADR Violations – Disputes involving the applicability of mandatory ADR clauses are fairly common in the commercial setting. In many cases, companies will need to litigate the applicability of a mandatory ADR clause prior to resolving their substantive dispute.
Representation and Warranty Violations – Violations of representations and warranties are common issues in business and commercial contract disputes, and questions of applicability and interpretation can lead to complex litigation if not resolved through settlement negotiations.
Other Contractual Violations – Virtually any contractual provision can lead to a dispute between the contracting parties. In addition to the claims discussed above, we represent companies in breach of contract disputes involving all other types of claims as well.

Possible Remedies in Breach of Contract Litigation

In breach of contract litigation, the remedies that are available depend on the terms of the contract at issue, the nature and extent of the breach, and the damage that has already been done. In certain cases, statutory or common law may provide or restrict certain remedies as well. Generally speaking, the types of remedies that are available for breaches of contract are:

1. Damages

In most cases, contract disputes will involve claims for damages. If a counterparty has breached your company’s agreement, we can calculate the financial losses your company has sustained (and will sustain in the future); and, if your company is facing allegations of breach, we can work to minimize any damages for which your company may be liable.

2. Injunctive Relief

In appropriate circumstances, contracting parties can obtain injunctive relief in order to prevent additional or ongoing harm resulting from a contractual breach.

3. Specific Performance

Specific performance is a contractual remedy that is available in some cases. With specific performance, a contracting party is compelled to satisfy its contractual duties.

4. Termination

When warranted, a contracting party can also seek to terminate the contract for non-compliance. If terminating the agreement at issue is in your company’s best interests (and is an option that is available), we can take all necessary legal action to terminate the contract while preserving your company’s ability to enter into a successor contract with another party.

Contact Us to Speak with a Senior Business Litigation Attorney in Confidence

If you need to speak with an attorney about a commercial contract dispute, we encourage you to contact us promptly. We represent companies in negotiations, ADR, and litigation nationwide. To schedule an appointment with one of our senior business litigation attorneys at your convenience, please call 888-680-1745 or inquire online today.

Breach of Contract