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Breach of Contract Attorney
Breach of contract claims are among the most common disputes businesses face, but “breach” covers a wide range of situations, from a single missed payment to a complete failure to perform.
With offices in Beverly Hills and Newport Beach, we represent businesses and individuals throughout Los Angeles and Orange County, handling breach of contract matters through negotiation, arbitration, or trial depending on what best serves the client’s goals.
What Is a Breach of Contract?
A breach of contract happens when one party to a valid, enforceable agreement fails to perform an obligation the contract requires of them, without a legal excuse. That can mean failing to deliver goods, leaving a project unfinished, refusing to pay for services already provided, or falling short of a specific standard the contract sets out. If you entered a contract with another person or company and they haven’t met their end of it, they may be in breach.
Before a breach claim can move forward, there has to be a valid contract in the first place. Under California law, that generally means clear terms, mutual consent, consideration exchanged between the parties, a lawful purpose, and parties with the legal capacity to agree to it. Certain agreements, including some real estate contracts and agreements that can’t be performed within one year, must also be in writing under California’s Statute of Frauds to be enforceable. When a dispute arises, reviewing how the contract was formed and whether it meets these basic requirements is often the first step.
Types of Breach of Contract
Not every breach looks the same, and the type of breach involved can affect what remedies are available and how a case gets negotiated.
- Material breach: A serious failure that strikes at the core purpose of the agreement, generally excusing the non-breaching party from further performance.
- Minor breach: A smaller shortfall where most of the contract was still performed, but the other party may still be entitled to damages for the part that wasn’t.
- Anticipatory breach: A clear signal, given before performance is due, that a party doesn’t intend to honor the agreement, which can allow the other side to treat the contract as broken immediately rather than waiting.
- Actual breach: A straightforward failure to perform once the time for performance has arrived.
Business Litigation Services We Handle for Breach of Contract
- Demand letters and pre-litigation resolution
- Breach of contract litigation, on behalf of plaintiffs and defendants
- Nonpayment and collection-related contract disputes
- Failure to deliver goods or complete services
- Anticipatory breach and repudiation claims
- Contract rescission and damages claims
- Defense against breach of contract allegations
- Settlement negotiation, mediation, and arbitration
Why California Businesses Choose Rokita Law, P.C.
Rokita Law, P.C. is a boutique firm built around direct access to attorneyAmanda Rokita, rather than being routed through a large team of unfamiliar staff. Ms. Rokita has been recognized as a Super Lawyers Rising Star and holdsfive-star reviews on Google and Yelp from business clients. She is admitted to the State Bar of California and is a member of the Los Angeles County Bar Association and the Orange County Women’s Lawyers Association. See the full attorney profiles for background on the team.
What to Expect When Working With a Breach of Contract Attorney
The process: Consultation, then contract review, then damages assessment, then demand or response, then resolution.
- Initial consultation: You describe the contract, what was supposed to happen, and what actually happened instead.
- Contract review: The attorney reviews the agreement’s terms, along with related communications, to assess whether a breach occurred and what remedies the contract itself provides.
- Damages assessment: You learn what your realistic damages or exposure looks like, since not every breach results in significant recoverable losses.
- Demand or response: For claims, the attorney typically sends a formal demand letter before filing suit. For defense, the attorney reviews the allegations and prepares a response.
- Resolution: The matter concludes through negotiated settlement, arbitration award, or court judgment.
Documents to Bring to Your Consultation
- The contract at issue, including any amendments
- Communications related to the breach, such as emails or texts
- Proof of performance on your end, such as invoices or delivery records
- Evidence of damages, including lost revenue or additional costs incurred
- Any demand letters already sent or received
- A timeline of what happened and when
How to Reduce the Risk of a Breach Before It Happens
The best time to deal with a breach of contract is before it occurs. Vague payment terms, undefined delivery timelines, and missing termination rights are some of the most common gaps that turn a minor disagreement into a full breach. Having an attorney draft or review an agreement before it’s signed, rather than after a dispute starts, is almost always the faster and less expensive path. If you’re building an ongoing relationship with a vendor, client, or partner, it’s worth having a lawyer involved from the first draft rather than brought in only once something has already gone wrong.
If a breach does happen, contacting an attorney early matters just as much. Prompt legal advice can preserve evidence, keep negotiation options open, and in some cases, resolve the dispute through a demand letter before it becomes a lawsuit at all.
Remedies for Breach of Contract in California
A business or individual harmed by a breach may be able to resolve the dispute through negotiation, mediation, or arbitration. When that isn’t possible, or the breach and its consequences are too significant to resolve informally, the next step is pursuing remedies through the California courts.
- Compensatory damages: Monetary compensation intended to put the non-breaching party in the position they would have been in had the contract been performed.
- Consequential damages: Additional losses that flow from the breach, recoverable in some cases if they were reasonably foreseeable at the time the contract was formed.
- Specific performance: A court order requiring the breaching party to actually perform their obligations under the contract, typically reserved for situations where monetary damages wouldn’t be an adequate remedy.
- Rescission and restitution: Canceling the contract and restoring both parties, as closely as possible, to the position they were in before the agreement was made.
Why Acting Quickly on a Breach Matters
California generally allows four years to sue for breach of a written contract, and two years for breach of an oral contract, under California Code of Civil Procedure Section 337 and Section 339. These deadlines can feel generous, but waiting doesn’t help your case. Evidence gets harder to gather, witnesses’ memories fade, and the breaching party has more time to become judgment-proof or dissolve the business entity involved. Acting sooner also keeps settlement and negotiation genuinely on the table, before a dispute hardens into a position neither side wants to move from.
Common Concerns Before Calling a Breach of Contract Attorney
- “The contract was informal, I’m not sure it even counts.” Oral and informal agreements can still be enforceable in California, though they’re harder to prove and carry a shorter statute of limitations than written contracts. It’s worth having the specifics reviewed.
- “I don’t want to damage the business relationship by making this a legal issue.” A well-handled demand letter often resolves a breach without permanently damaging a relationship you might want to preserve. It’s frequently the first step, not an escalation to a lawsuit.
- “The amount in dispute doesn’t feel worth a lawsuit.” Litigation isn’t the only option. Many breach of contract disputes are resolved through a demand letter or negotiation well before a case is ever filed.
- “I think I might be the one who breached the contract.” Understanding your position, including any valid defenses, is worth doing before responding to a demand or lawsuit, not after you’ve already made statements that could hurt your case.
- “I’m worried about how long litigation might take.” Not every breach of contract dispute goes to trial. Many resolve well before that point, and an attorney can give you a realistic sense of the likely timeline based on the specifics of your situation.
Frequently Asked Questions
What are the elements of a breach of contract claim in California?
Generally, a plaintiff must show that a valid contract existed, that the plaintiff performed or had a valid excuse for not performing, that the defendant failed to perform their obligations under the contract, and that the plaintiff suffered damages as a result.
How long do I have to sue for breach of contract in California?
Under California Code of Civil Procedure Section 337, the statute of limitations for breach of a written contract is generally four years. Under Section 339, breach of an oral contract generally carries a two-year statute of limitations. Certain contracts, such as those for the sale of goods, may follow a different rule under the California Commercial Code.
What is anticipatory breach?
Anticipatory breach occurs when one party clearly indicates, before performance is due, that they don’t intend to fulfill their obligations under the contract. In some circumstances, this allows the other party to treat the contract as breached and pursue remedies immediately, rather than waiting for the performance date to pass.
What damages can I recover for breach of contract?
Available damages generally aim to put the non-breaching party in the position they would have been in had the contract been performed. This can include direct financial losses and, in some cases, consequential damages, though punitive damages are typically not available in a straightforward breach of contract claim.
What if the breach was only partial, not a complete failure to perform?
Partial performance can still constitute a breach, depending on whether the unperformed portion was a material part of the agreement. Whether a specific instance qualifies as a material breach depends on the contract’s terms and the facts involved.
Key Breach of Contract Terms, Defined
- Material breach: A significant failure to perform under a contract that goes to the core of the agreement, generally allowing the other party to treat the contract as breached and pursue remedies.
- Anticipatory breach: A clear indication by one party, before performance is due, that they don’t intend to fulfill their contractual obligations.
- Damages: The monetary compensation a court may award to a non-breaching party to address the losses caused by a breach.
- Rescission: A remedy that cancels a contract and attempts to restore both parties to the position they were in before the agreement was made.
Serving Los Angeles and Orange County Businesses
Rokita Law, P.C. represents clients on breach of contract matters from its Beverly Hills office, serving companies throughout Los Angeles County, and its Newport Beach office, serving Orange County. These disputes are typically filed in Los Angeles County Superior Court or Orange County Superior Court, depending on where the parties and the contract are based.
Schedule a Consultation
The time you wait after a breach affects both your legal deadlines and the strength of your evidence. An initial consultation can help clarify your options while both are still on your side.
If your business is dealing with a breach of contract in Los Angeles or Orange County, call Rokita Law, P.C. at (888) 765-4825 or schedule a consultation online.