Here in San Diego and throughout California, a breach of contract is a serious matter. Breach occurs when one of the parties fails to perform a promise made in the agreement. Sometimes one party notifies the other it (or they) are unable or unwilling to fulfill their part of the agreement. The consequences of such a violation for both parties can be harmful to the conduct of business and expensive to resolve.
As an experienced contract attorney, with decades of legal and courtroom experience, I have repeatedly seen a negotiated settlement work as the best solution to the breach. In most cases (except some involving real estate or unique personal property), the court will not compel one party to perform the original agreement. Often that is impossible. The court will seek to establish “damages,” a financial value for the failure of the party to perform as agreed.
There are specific reasons you entered into a contract. Despite the other party’s breach, there may be associated commitments you still must fulfill. For instance, you might have to find another vendor to provide the material, product, or service contemplated in the original agreement.
You may be best advised to negotiate a solution that enables the breaching party to fulfill part or all of the agreement, but on a different schedule or financial terms. If you face a breach of contract dispute, I invite you to call me for a free consultation at 760-295-1311. We can discuss the specifics of your unique situation, and see if there is a reasonable basis for the parties’ working together to bring about a positive result.