Breach of Contract lawyers in Kansas City

A breach of contract happens when one party fails to perform all or part of an enforceable contract without a legal excuse or justification. If a party fails to perform or significantly frustrates the purpose of a valid contract, then you might be entitled to compensation or other remedies.

No, contact us for a free consultation of your potential breach of contract claim.

We often will not know if you have a case until we have spoken with you. Even after we talk to you, it may be necessary to investigate further, collect certain records, and review the contract or agreement at issue. If additional investigation is necessary, we will communicate with you throughout that process as to what we find. If we believe you have a viable case, we will then discuss the next steps.

Due to the high costs associated with business litigation and breach of contract claims, our firm will also evaluate whether your damages or the amount of money in controversy warrants litigation.

Contract disputes can be complex and expensive. We offer creative fee arrangements for business clients who may not be attracted to the traditional big firm “billable hour” approach, where the lawyers receive millions of dollars irrespective of the outcome. We like for our interests to align with our clients’ interests and for our fee arrangements to encourage smart, efficient approaches to cases rather than a large hourly bill.

In addition, depending on the language of your contract, the prevailing (winning) party may be entitled to recover the costs associated with legal fees.

Each state has what is called a “statute of limitation” for different types of lawsuits. A statute of limitation operates in a way that if a claim or a lawsuit is not filed in the appropriate court within the time specified by law, any potential claims will be barred forever barred regardless of their merits. This means that an injured party would no longer be able to recover damages under the law. These deadlines can range from anywhere from 1 to 20 years depending on the type of claim, the nature and place of the injury, the parties involved, and even the age of the injured party. There are several exceptions that may apply depending on the circumstances of the claim.

The length of time it takes to resolve a breach of contract case can vary based on the nature of the dispute and its complexity. The length of time can also be influenced by how quickly the trial court can provide a trial date. Generally speaking, if a case must be filed and litigated, it will take anywhere from 1–2 years to resolve.

Whether or not your contract needs to be in writing depends on various factors, including the type of contractual agreement and your jurisdiction’s applicable laws.  Contact an experienced contract lawyer at Bartimus Frickleton Robertson Rader to ensure that you have entered into an enforceable contract.

When a party breaches a contract, they are often quick to explain their reasoning for doing so.  Here are a few of the most common defenses asserted by breaching parties:

• The Contract was Unenforceable and/or Void;
• The Contract was Voidable and Cancelled or Rescinded;
• The Breach was immaterial;
• The Breach did not cause the alleged damage;
• Changed Circumstances that made it impossible or impracticable to fulfill the obligations under the Contract;

The common defenses listed above have specific legal definitions and there are several legal nuances that one must be aware of.  Let an experienced contract lawyer at Bartimus Frickleton Robertson Rader explain these defenses and analyze your potential claim.

Generally, once it is established that (i) a valid contract exists, (ii) a party materially breached the terms, obligations, or duties under the contract; and (iii) caused harm, a non-breaching party may be entitled to various types of damages, including:

• Compensatory damages: An award of money to compensate for damages, injury, or another incurred loss, including the reliance upon a party’s performance of the contract.
• Restitution: Damages awarded when a party has been unjustly enriched at someone’s expense.
• Quantum Meruit: The reasonable value of the goods/services rendered by one party to another.
• Liquidated Damages: These are damages that the parties may have agreed to pay in the event of a breach of contract.
• Specific Performance: Although uncommon, a court may force a breaching party to perform the service or deliver the goods that they promised in the contract.
• Injunctive Relief (e.g., temporary restraining order, preliminary injunction, and permanent injunctions): An injunction is a court order that stops a party from pursuing a certain activity upon a showing of irreparable harm.