A breach of contract in Lexington, KY arises when one individual or business fails to complete one or more stipulations specified in a contract. This can include failing to supply goods as promised, substituting lower quality goods in place of those promised, not completing a job or extending the work beyond the time promised and/or late payments. Contract law is extremely complicated and the creation of a contract as well as any potential breaches should be discussed with a contract attorney as soon as possible. The Law Office of G. Christopher Van Bever is an experienced attorney in Lexington who is experienced and educated in regards to contract law, business law and breach of contract law.
What Determines Breach of Contract?
There are three primary things the attorney G. Christopher Van Bever will determine a breach of contract situation:
- According to Kentucky Law, was the contract breached?
- Was the act in dispute required and specified by the contract?
- To what extent was the contract breached?
It is difficult to answer these questions because contracts often fail to specify the penalties should there be a breach of contract. This is only the beginning of how the law office of G. Christopher Van Bever can help you, should a breach of contract situation take place.
Non-Material vs Material Breach
Contract breaches range from a minor breach to a breach so severe that one party is deprived of everything they were promised in the contract. For this reason, the legal penalties are reliant on the extent to which the contract has been breached. There are two primary types of breach of contract: a non-material breach and a material breach.
- Non-material breach of contract occurs when the breach is less serious than a material breach, so the afflicted party can only file a claim for damages. Once the breach has been resolved, the injured party is still obligated to perform the duties specified in the contract, minuse any damages that were causes by the breach.
- A material breach of contract occurs if the breach is significant enough to warrant the destruction of the integrity of the contract. When this happens, the damaged party is no longer obligated to the contract, they may cancel the contract and they may file a lawsuit for damages due to a total breach of contract.
When a breach of contract dispute arises, the original contract will one of the first places both parties will turn to in seeking resolution. In the majority of cases, both parties in the dispute will attempt to interpret the contract in ways that best serve their best interest. If you find yourself being in a breach of contract dispute, you will need the assistance of an experienced and reliable contract attorney that can present the strongest possible argument in support of your specific position.
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When you secure the representation of law office of G. Christopher Van Bever in Lexington, KY, our first step will be to examine and reach a full understanding of the dispute. We will review the contract to identify the terms as they relate to the disputes in question. We have vast experience handling all types of contract disputes.