Breach of Contract

Contracts stipulate the terms and conditions that both parties have agreed to. They are entered into between 2 or more parties. The terms are drafted and agreed by the parties. In a general sense, a contract is a promise by each party to perform a specific act. A contract can be either an oral agreement and/or a written agreement and sometimes a combination. Most contracts between parties of a substantial nature are put into writing. The terms of a contract outline what actions each party has agreed to perform and each party is relying in good faith that all will fulfill the terms of the contract. Most people enter a contract where they pay money for a product or a service to be performed and/or delivered as represented within the terms of the signed contract. Contracts may be legally and equitably enforced in a Court of Law. When any party fails to complete the terms of a contract, the result is called a Breach of Contract, and the party that violated the terms of the agreement may be held liable in a Court of Law.

We regularly encounter many different types of contracts in our life. A few common contracts include car repair, remodeling on your house, the purchase of a house, credit cards and bank loans. With each of these types of contracts is the promise that a service will be performed by a party and that a fee associated for the service will be payed by the other party. If a person fails to provide the service and/or fails to pay for a service, in whole or part, as contracted, that would be a breach of contract. The Law Firm of Michael D. Facchini has represented both businesses and persons that have had a breach of contract in Springfield MA, and throughout Massachusetts.

Breach of contract can happen to anyone. If you incurred a breach of contract by a business you have several remedies, including the potential recovery and protection under the Massachusetts Consumer Protection Statute, called G.L. c. 93A. Most Breach of Contracts that are done in violation of G.L. c. 93A, can often be resolved with a Demand letter sent to the breaching party before a lawsuit is initiated. If there is no resolution from the breaching party, a lawsuit for a Breach of Contract and other allegations, including G.L. c.93A are permissible against businesses from a consumer and/or from business to business, where applicable. A person that brings a Breach of Contract is entitled to recover his “damages” which means the loss of the contracted work/service and/or the amount to cure that breach that was performed or will be performed by another party outside the breached contract. Pursuant to G.L. c. 93A, if the Court determines the Breaching party acted in bad faith and with knowing or willful intent, it may award double/treble damages incurred by the party that suffered the breach, and attorney fees and costs.

If someone didn’t perform a contract as agreed, you should discuss it with an attorney who is experienced in dealing with breaches of contracts. A Breach of Contract should not be taken lightly or brushed off, as you have legal and equitable rights that can be recovered in a court of law. Discuss your case with the Law Office of Michael D. Facchini, a Springfield, MA attorney with a proven track record of success in these cases.