Breach of Contract
Enforcing agreements and defending against claims that one was broken.
A contract case comes down to four things: an agreement, performance by the party suing, a breach by the other side, and resulting damage. Akers Law represents plaintiffs enforcing agreements and defendants accused of breaking them.
Most disputes are decided by the documents. The contract itself, the emails and texts around it, invoices, and payment records usually tell the story before anyone testifies.
Before you sue or respond
- Attorney fee clauses. If the contract awards fees to the prevailing party, that changes the economics of the case for both sides.
- Arbitration and venue clauses. These can decide where the dispute is heard.
- Notice and cure provisions. Some contracts require written notice and a chance to fix the problem before suit.
- Remedies. Depending on the contract, the options may include damages, specific performance, or rescission.
Deadlines
In California, a lawsuit on a written contract generally must be filed within four years of the breach. For an oral contract the period is two years. A contract can shorten these periods, so check the agreement.
How Akers Law handles it
Many contract disputes resolve with a well-supported demand letter. When they do not, Akers Law handles the case through pleadings, discovery, motion practice, and trial.