Protect Your Rights - Contact Niebler
Has your business suffered financial damages from a client or vendor failing to uphold contractual obligations? Don't let breach of contract issues in Milwaukee go unaddressed. Niebler Pyzyk has fought aggressively on behalf of local businesses seeking compensation for losses and damages from broken contracts. Our experienced corporate contract attorneys thoroughly review your signed agreement to identify breaches and build a robust claim protecting your rights. We determine which remedies provide maximum compensation, from monetary awards to court injunctions. Protect your business interests - contact our top-rated Milwaukee breach of contract attorneys today.
What is a breach of contract?
A breach of contract occurs when one party in a binding agreement fails to deliver according to the terms of the contract. This may entail complete non-performance of contractual obligations or inadequate, defective or late performance. Common breaches include failure to provide goods or services by a specified date, failure to make payments on time, providing substandard or faulty work, failure to deliver the agreed-upon quantity or unauthorized use of intellectual property. When a party does not rectify a contract breach after notification, they are in material breach. The non-breaching party then has legal grounds to take action, such as demanding specific performance or pursuing financial remedies. An experienced commercial litigation attorney can determine if a true breach has occurred and identify the best remedies.
Breach of contract types
There are many ways a contract can be breached, but often they are categorized in one of four ways: actual vs. anticipatory, and minor vs. material.
- Actual breach: This is simply where one party fulfills their contractual obligations and the other fails to perform.
- Anticipatory breach: One party refuses to fulfill their contractual agreement before the date due. An example would be a seller agreeing to sell the property to a buyer in a week and changing their mind after a couple of days.
- Minor breach: This involves non-compliance with a minor and non-essential aspect of a contractual agreement. Where a minor breach occurs, oftentimes the parties can repair whatever breach has occurred and the contract may still be able to be fulfilled.
- Material breach: Material breach is a serious violation of the terms of the contract. In most cases of material breach, the non-offending party is excused from their contractual obligations and retains the right to sue.
Consequences of a Contract Breach
The first thing people want to know in a contract dispute is: what happens when there’s a breach of contract?
After an actual or alleged breach of contract, the parties who signed the contract can try to resolve the issue independently by making attempts to work together to solve the breach or breaches that have occurred. If these attempts do not work, then enforcing the contract on its terms or attempting to recover damages for financial harm caused by the breach are options the non-breaching party typically has.
If the contract dispute cannot be resolved to the satisfaction of both parties, typically a lawsuit follows. Our contract law attorneys will look for the most efficient way to create a positive outcome while working to minimize financial stress and are prepared to see a case through trial if need be.
What are the remedies for breach of contract?
Wisconsin law provides remedies for breach of contract to discourage breaches and provide compensation to injured parties. The non-breaching party is entitled to seek damages including:
Compensatory damages: Reimbursement for direct losses resulting from the breach and depending on the terms of the contract and the circumstances surrounding the breach, recovery for indirect injuries such as loss of potential profits.
Liquidated damages: Liquidated damages are only available if the parties have specifically included terms that allow for liquidated damages within the signed contract. If they are included within the contract, then the parties are limited only to what has been agreed to.
Punitive damages: Punitive damages (intended to punish) are extremely rare in breach of contract cases. Typically, the parties to a contract should not expect to recover punitive damages unless other actions have been taken related to the contract that could amount to claims involving some form of fraud or other wrongful action.
Nominal damages: If the injured party has not suffered financial losses, but the court finds that a breach was committed, the injured party may be awarded nominal damages to show the other party was in the right (also rarely awarded in contract cases).
Why you need an experienced breach of contract attorney
An experienced breach of contract attorney constructs effective claims, navigates legal strategies, forecasts outcomes, leverages contract law nuances, provides guidance on rectifying business impacts within legal boundaries and thoroughly vet contracts upfront to avoid future disputes.
- They understand how to construct an effective claim proving the other party breached the agreement, establishing your right to damages.
- They know what remedies are applicable and how to pursue compensation through litigation strategies like settlement negotiations, mediation, arbitration, or trial.
- They can realistically forecast the time, costs, and likelihood of success for potential courses of legal action.
- They will diligently build leverage through astute fact-finding, persuasive arguments, and applying pressure at the proper time.
- They bring knowledge of contract law nuances that strengthen your case, spotting subtleties others may miss.
- They provide guidance on rectifying the business impacts of a breach within legal bounds.
- They have the resources to thoroughly vet contracts upfront to avoid future disputes.
Handling breach of contract disputes in all major Industries
- Construction contract breaches
- Employment contract breaches
- Franchise agreement breaches
- Purchase agreement breaches
- Real estate contract breaches
Protect your rights and interests by consulting an experienced business law attorney to draft, negotiate, review and reinforce your business contracts.
Frequently Asked Questions:
Is breach of contract a crime?
Breach of contract in and of itself is not a crime, but it does give the injured party the right to take legal action.
What is a breach of contract law in Wisconsin?
In Wisconsin, breach of contract law holds parties liable for failing to perform duties defined in a binding legal agreement they entered into.
How do I file a breach of contract in Wisconsin?
In Wisconsin, you can file a civil lawsuit for breach of contract in county circuit court, serving a summons and complaint detailing the contractual obligation not fulfilled.
How do you prove a breach of contract?
Proving breach of contract requires showing a valid contract was willfully violated by documenting the specific term breached, resulting damages, and efforts to resolve the breach out of court.