Many business disputes involve a claim for breach of contract, and we have handled hundreds of them. The factual and legal issues generally focus on:
- formation issues (whether there is a legally enforceable contract)
- performance issues (whether there was a breach or defense)
The starting point for addressing a breach of contract claim is the dispute resolution provision (if there is one) to determine whether the claim is subject to arbitration or must be filed in a particular court. Another important question is whether there is a prevailing party provision so that attorneys’ fees and costs are recoverable.
A claimant must also prove damages that are reasonably ascertainable and this may require expert testimony. There may also be issues on the appropriate remedy, such as whether the contract may be terminated or rescinded (unwound).
What Judges Say
“I have served as a mediator in several cases in which Greg represented one of the parties. Regardless of the size of the case, Greg was a passionate advocate and aggressively pursued his best arguments and yet he did so in an engaging and disarming manner that made his advocacy even more effective. His mediation briefs were invariably well-reasoned, clear, and concise. Greg always put his clients’ interests first in terms of evaluating settlement proposals and explaining to clients the prospective legal fees to be incurred if the case did not settle.”
- Michael Latin, Los Angeles Superior Court Judge, retired