In today’s Freedom Friday blog and email newsletter, I’m answering one of the most common questions I get asked by small business owners, and that’s how to deal with breach of contract. This could be anything from a customer that hasn’t paid to a vendor which was paid for goods or services, but the vendor didn’t deliver what you paid for. It also could be an independent contractor who breached his or her contract with your company causing damages and even irreparable harm. In today’s Freedom Friday blog and email newsletter, I’m answering the question, “How can Isue for breach of contract in Oklahoma?”
A breach of contract occurs when a party fails to fulfil an obligation required by a valid agreement without a legally recognizable defense or excuse. A breach can involve refusing to perform (or pay) entirely, providing something materially different from what was promised, or even failing to meet a deadline. Not every dispute amounts to an actual breach because the obligation must be required by the contract and the party pursuing the claim must be able to prove all the elements to recover under a breach of contract theory of liability. Common examples of breach of contract include suppliers accepting payment but not delivering materials, customers refusing to pay upon receiving goods or services, defaults on loans and promissory notes, and violations by a tenant or a landlord in a lease agreement. Here are four (4) steps to pursue a breach of contract claim in Oklahoma:
1. Review the Contract
The first step to pursuing a breach of contract claim in Oklahoma is to review the contract. Before you do anything else, you need to review the contract thoroughly, and pay careful attention to certain clauses in the contract including termination clauses, dispute resolution provisions, and any provisions regarding damages and penalties.
2. Build the Case
The second step to pursuing a breach of contract claim in Oklahoma is to build the case. You need to document everything related to the breach, including dates and times, e.g., when the breach occurred and what caused it; correspondence regarding the breach, including emails, text messages, phone calls, and any other relevant communications; and evidence of the damages caused by the breach, including any financial losses and/or operational issues caused by the breach.
3. Evaluate the Breach
The third step to pursuing a breach of contract claim in Oklahoma is to evaluate the breach. Once you have documented the breach and gathered your evidence, you may need to attempt to communicate with the other party to informally negotiate a resolution, and if the breach is still not resolved, you may need to consider your options. You need to decide if this is a material breach in which you need to terminate the contract and seek damages or is it a minor breach which could be easily fixed.
4. File Suit
The fourth step to pursuing a breach of contract claim in Oklahoma is to file a lawsuit. Before you do this, you need to read the contract again to make sure you are not required to send the dispute to mediation and/or arbitration prior to filing suit. Also, you need to hire an attorney because most businesses, especially if they are structured as an LLC or any business entity, cannot represent themselves in court. Filing a lawsuit will allow your business to seek to recover damages and/or specific performance by the other party.
If your business needs strategic and/or aggressive business legal counsel to handle issues with contracts, leases, business partners, collection matters, or assistance overcoming other barriers to growth, please contact me at Jonathan@libertylegalok.com to schedule a FREE strategy session.
For more information about Liberty Legal Solutions, LLC, please visit our website at https://www.libertylegalok.com/