1. Review the Contract in Detail

Before making assumptions about the breach, carefully review the contract to understand:

• Obligations: Clearly identify what each party was expected to do.
• Terms and Conditions: Review deadlines, payment schedules, contingencies or any clauses that may explain non-performance.
• Remedies: Check if the contract specifies penalties, arbitration clauses or other dispute resolution methods.

Having a clear understanding of your contractual rights and the other party's obligations is the first step toward building a strong case.

2. Document the Breach and All Communications

Once you identify the breach, start gathering evidence. Documentation can significantly strengthen your position in negotiations or court.

• Collect Records: Save emails, invoices, delivery schedules, or any other evidence of the breach.
• Record Communications: Keep a log of interactions with the other party, especially acknowledgments of the issue.
• Assess Damages: Document how the breach has affected your business, including financial losses or operational delays.

The more organized and detailed your records, the better prepared you’ll be to present your case.

3. Attempt to Resolve the Issue Amicably

Litigation can be time-consuming and expensive, so it’s often beneficial to explore alternative solutions first:

• Send a Formal Demand Letter: Clearly outline the breach, request corrective action and set a deadline for response.
• Negotiate: If the other party acknowledges the breach, negotiations may result in a settlement, amendment or alternative resolution.
• Consider Mediation: Mediation through a neutral third party can be a cost-effective way to resolve disputes while preserving the business relationship.

At Tempus Fugit Law, we have extensive experience assisting clients in drafting effective demand letters, facilitating negotiations and other pre-trial efforts that minimize conflict and legal expenses.

4. Understand and Pursue Remedies

If amicable resolutions fail, pursuing the remedies available under the law becomes necessary. Depending on the circumstances, these remedies may include:

• Compensatory Damages: Financial compensation for losses caused by the breach.
• Specific Performance: Enforcing the other party’s compliance with the terms of the contract.
• Termination: Ending the agreement and seeking damages for non-performance.

Your attorney can evaluate which remedies are most appropriate for your situation and work to ensure they are achieved effectively.

5. Prepare for Litigation or Arbitration

When alternative dispute resolutions fail, pursuing legal action may be the best option. Your attorney will guide you through:

• Filing a Claim: Initiating a lawsuit or arbitration proceedings to hold the breaching party accountable.
• Presenting Evidence: Leveraging the documentation and records gathered to support your case.
• Seeking Remedies: Whether it’s compensatory damages, specific performance or punitive damages, your attorney will fight for the best possible outcome.

At Tempus Fugit Law, we specialize in business dispute litigation, ensuring your case is presented with precision, evidence and persuasive advocacy.

Take Action with Confidence

Don’t let the stressful nature of contract breaches result in costly inaction. By taking the right steps now, you can protect your business and its interests. Whether through negotiation, alternative resolution or litigation, Tempus Fugit Law is here to guide you every step of the way. For more information check out our article Top Benefits of Pursuing Legal Action in a Breach of Contract Case.

If you’re dealing with a breach of contract, we can help. Call Tempus Fugit Law at (617) 752-2371, email team@tflawllc.com or contact us here on our website to request a complimentary legal consultation today.