Phoenix Breach of Contract Lawyer
Often, we find that having a contract drawn up can help to explain what is expected of each signing party. These rules follow through to employment as well. But what happens when that contract is broken? A contract is a legally binding document, but is only valid once all involved parties sign the form. If you’re facing a breach of contract as an employer or an employee in Phoenix or the surrounding area, The Foster Group is here to help. Schedule your confidential consultation now.
What Is Breach of Contract?
When the terms of a contract are broken by either party, this generally constitutes a breach of contract. Usually, this creates economic damages that can impact one or both parties.
When a breach of contract takes place, there may be legal remedies and damages available for the party who did not breach (or break) the contract.
There are three different types of breach of contract:
- Anticipatory: An anticipatory breach occurs when there is reason, that can be backed up with proof, that shows the other party is intending to breach the contract.
- Material: A material breach occurs when one party doesn’t fulfill their part of the contract.
- Partial: A partial breach occurs when one party breaches part of the contract, but not the entirety of the terms.
How Does This Work Affect “At Will” Employment?
Even though Arizona is an “at will” employment state, if there is an employment contract in place, both parties are held to the standards that the contract terms laid out. Often, these contracts will not change the at-will employment status of the employee. The contract explains the expectations and duties of the parties. It also includes payment, the description of the position being offered, length of employment, what offenses may result in termination, and benefits that are offered for the position.
The contract may also include damages that could be awarded if either party breaches the terms of the agreement. In this instance, a Phoenix breach of contract attorney can use those prewritten terms to compel the breaching party to fulfill the terms of the contract or fulfill the damages.
How Can You Prove a Breach of Contract for an Employment Contract?
When attempting to prove breach of contract in Phoenix, there are four things to consider:
- Whether there was a valid contract in place.
- Whether the party claiming the breach made every reasonable effort to fulfill their part of the terms.
- Whether there was a failure of the other party to meet and fulfill the terms of the contract.
- Whether the party claiming a breach suffered losses as a result of the breach.
While some of these steps may seem easy to prove, an experienced attorney, such as those at The Foster Group, can help ensure that you have a strong case and the evidence needed to back it up.
Damages When Dealing with Breach of Contract
When a breach of contract occurs, if there isn’t a clause written into the contract with the damages listed, they may include:
- Punitive damages
- Expectation damages to fulfill the remainder of any missing payment
- Liquidated damages
- Attorney and court costs
As with all damages, these will be a court ordered amount to be paid to the injured party. Arizona does not place a cap on the amount of punitive damages that can be paid out during a suit.
Other Forms of Reconciliation for a Breach of Contract
Other damages that can be awarded when a breach of contract occurs include:
- Specific performance: This occurs when the court orders the party who breached the contract to fulfill the contract as written. This option is used when damages will not adequately cover the breach.
- Cancellation and rescission: When this option is chosen, it puts the non-breaching party in the same place that they were in prior to the contract being executed. This effectively cancels the contract and relieves all included parties from their contractual obligations.
How Can the Foster Law Group Help?
When you are faced with a breach of contract, The Foster Group can help you better understand the facts and get the best possible legal solution. We will fight for what you want, and what is due to you. We understand that these cases can be difficult, and that the outcome that you desire may not be monetary in nature. Contact us today for your initial consultation and let our Phoenix breach of contract attorneys get started working for you.