Steps to Take Before Filing for Breach of Contract

April 7, 2023

When you and your business partners have entered into a contract, you expect them to fulfill their duties outlined in the agreement. However, sometimes a breach of contract occurs, and the agreement is broken. In such cases, legal action against the other party may be necessary. 

While it is always in your best interest to seek the counsel of an experienced legal professional when dealing with contract disputes, here are some things you might need to do when facing a breach of contract. 

Identify the Responsible Parties

If you are considering filing a breach of contract claim, the first step is identifying who is responsible for breaching the agreement. This may include the party that made promises and failed to fulfill them, or it may be a third-party, such as an agent or subcontractor, that has wrongfully interfered with the performance of the contract.

To ensure you are taking action against the correct party, performing thorough due diligence and researching potential claims before filing a lawsuit is important.

Gather Documents and Evidence

Filing a breach of contract is a serious matter that requires you to have the necessary documents and evidence to prove your case. Therefore, before you file your claim, make sure you have all the evidence that is necessary to back up your claim.

This includes copies of the contract and any correspondence that may have been exchanged between you and the other party. Additionally, any other documentation or records related to the agreement will be beneficial when filing a claim. It would be best if you also gathered any witnesses. A witness can verify any agreements or promises made during the negotiation process.

This evidence will strengthen your case and demonstrate why the other party should be held responsible for breaching the contract. The more information you can offer upfront, the better prepared you will be when filing your claim.

Consider California's Statute of Limitations

California has a statute of limitations that regulates how long you have to file a claim for breach of contract. The clock starts ticking once the breach occurs, not when it is discovered. If you wait longer than the statute of limitations, you might be unable to file a lawsuit against the other parties involved. 

Here are the different types of contracts and their statute of limitations in California:

  • Written contracts: four years
  • Oral contracts:  two years
  • Promises to pay debts: four years
  • Real property (property rights): 10 years
  • Foreign judgments: 10 years
  • Fraudulent claims/concealment: three years

Contact a San Diego Contract Disputes Attorney Today for Help

If you are considering filing a breach of contract claim, it's always best to do so with the help of an experienced attorney. At Laureti & Associates, we provide personalized service to every one of our clients and take the time to understand your unique situation, and provide expert advice for the best course of action for your case. Contact us today to book an appointment with a San Diego Contract dispute attorney.

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