Handling Partial Breach of Contract Issues
Business and Commercial Disputes By Harvey Binnall PLLC - 2018/09/07 at 01:59pm
If you are involved in a breach of contract dispute where the “breaching party” engaged in conduct that might qualify as a partial breach (not a material breach), you may be entitled to bring a claim against the defendant for damages, even if you are limited in terms of your right to terminate the contract and refrain from further performance of the contractual duties therein.
How does partial breach work? Let’s examine the basics for a clearer picture.
Basics of Partial Breach
Partial breach — otherwise known as immaterial breach — involves the failure of the breaching party to adhere to a minor detail of the contract or some ancillary provision thereof that does not strike at the heart of the contract. Stated another way, a partial breach involves a violation that does not damage the “benefit of the bargain” that lies at the core of the agreement at issue.
For example, if you have entered into a contract with a painting crew to change the color of the outside of your retail store to blue and they accidentally use green paint instead of blue paint, that would almost certainly constitute a material breach. On the other hand, if you request that the painters finish by a particular date and time, and they are a few hours late, that would likely constitute a partial breach — unless you could show that the delay was so significant that it damaged the essential value of the contract (perhaps if it led to you having to delay your grand opening).
Remedies Available in a Partial Breach Lawsuit
In a partial breach of contract situation, you are not entitled to terminate the contract and avoid liability — in fact, you must perform your duties under the contract, though you may have a right of action against the breaching party for damages. You may also send the breaching party a demand letter requesting that they correct their inadequate performance (which resulted in the partial breach).
Request an Appointment With a Skilled Alexandria Commercial Litigation Lawyer
Harvey & Binnall, PLLC is a boutique litigation firm based out of Alexandria, VA, representing the interests of commercial clients throughout the region (in both state and federal courts). We have decades of experience advocating aggressively on behalf of clients who have sustained losses due to a breach of contract, including situations in which the breach in question may qualify as “partial” and not “material.”
Unlike many of our competitors, we are committed to comprehensive, tenacious legal advocacy. We prepare thoroughly for the possibility of trial litigation, and are willing and able to litigate the dispute in court if necessary to secure maximum damages for our clients. This approach affords us leverage during negotiations with opposing counsel, helping us to avoid many time-consuming disputes and secure substantial damages early on.
Call (703) 888-1943 or submit an online claim form to request an appointment with an experienced Alexandria commercial litigation lawyer at Harvey & Binnall, PLLC.