When you partner with another individual or a company, you create a written contract that explains everyone’s roles and responsibilities. Unfortunately, a breach of contract may occur. Whether the breach is fundamental, anticipatory, major, or minor, it can have a lasting effect on your professional and personal life. Here’s what you should do if you experience a breach of contract:
Step One: Review Your Contract
If your contract was written or reviewed by an attorney, it’s likely that there is a clause in the contract stating exactly what you should do if there is a breach of contract. Review each clause carefully before acting hastily. Acting within the contract’s parameters will keep you on the good side of the law if the case must go to court.
Step Two: Talk to Your Partner
If you were the one who made the breach, admitting your mistake and discussing solutions immediately with your partner may be the best course of action. If your partner made the breach, talk with him about the breach to see if he knew that it was made. Many judges will consider the length of time between the breach and when it came to light when deciding what course of action to take.
Step Three: Involve an Attorney
If you cannot solve the issue with your partner or if the situation is extremely sensitive, consider involving an attorney. An attorney can counsel you whether or not you need to go to court, try negotiating with your partner, or take another step. From the moment you discover that a breach of contract occurred, make sure to keep all related documents associated with the contract and write down any related post-breach incident.
If you experience a breach of contract, the WHGM attorneys can help! We have extensive experience with corporate law and we will guide you toward the best steps.