Breach of Contract Attorneys in Graham and Burlington, NC
When you enter into an agreement with someone, you expect them to follow through on their end of the deal. If they don’t, you may have a breach of contract suit on your hands. A breach of contract can have significant consequences for the unsuspecting party — especially if they don’t have the right attorney to handle their case. At Smith Giles, PLLC, our breach of contract attorneys have the skills and expertise necessary to litigate your case.
If you’ve experienced a breach of contract in Alamance County or the surrounding area, don’t hesitate to contact the knowledgeable attorneys at Smith Giles. Schedule your initial consultation to have our team begin reviewing your case today!
North Carolina Breach of Contract Law
What Is a Breach of Contract?
A breach of contract occurs when one party fails to fulfill their end of an agreement as stated in a legally binding contract. This issue may also arise if the party’s inability to fulfill their end of the agreement interferes with the non-breaching party’s ability to fulfill their obligation under the contract. Another reason that a breach of contract lawsuit may become necessary is if there is a failure to meet industry standards or meet the requirements of any express or implied warranties on a product or service.
To determine whether or not a breach of contract in North Carolina has occurred, your Smith Giles attorney will evaluate the following key details:
- Was there a valid contract in place?
- If there is a contract, what are the terms for each party?
- Were there any contractual modifications? If so, what modifications were made?
- Did the breach of contract occur as described?
- Was the breach material to the contract?
- Does the breaching party have a legal defense against the enforcement of the contract?
- What damages resulted from the breach?
North Carolina Law & Breach of Contract
According to North Carolina law, when a breach of contract occurs, the aggrieved party may:
- Wait for a commercially reasonable amount of time for the breaching party to fulfill their contractual obligations; or
- Resort to any remedy for the breach, even though they have notified the breaching party that they would await their performance and has urged retraction; and
- In either case, suspend their own performance or pursue legal rectification to salvage unfinished goods or services stipulated in the contract.
In order for a breach of contract to have occurred, there needs to be a failure to fulfill a term that is considered material to the agreement. To determine whether or not a term is material, the following factors must be considered:
- The subject matter and purpose of the contract
- Each party’s intentions
- The scope of performance reasonably expected by each part
- Any prior dealings the parties had with one another
- Any custom, practice, or usage so commonly known to other reasonable persons in similar situations that the parties knew or should have known of its existence
- Any other factors established by the evidence
Burlington residents who have experienced a breach of contract may seek legal recourse to be “made whole.” This means that non-breaching parties may sue to obtain the benefit outlined in the original contract.
If you’ve experienced a breach of contract in Durham, Greensboro, and Elon, get the expert help you need by contacting Smith Giles for an initial consultation today.
Burlington, NC Breach of Contract FAQs
Can I sue for breach of contract if I made a verbal agreement with someone?
Yes: In order for a contact to be legally binding in the state of North Carolina, it may be verbal or written and must contain the following three elements:
- One party must offer a good or service to another party
- The other party must agree to exchange something of value with the first party in return for their good or service
- Both parties must reach a reasonably fair agreement in order for the state court to enforce the contract
While verbal and written contracts are generally treated the same under North Carolina law, there are certain types of verbal contracts that are unable to be enforced by the court. Such verbal contracts include verbal agreements for the sale and lease of land, commercial loan agreements valued more than $50,000, promises to pay off debt already discharged by bankruptcy, sales of goods worth $500 or more, and agreements to pay off another party’s debt.
What damages am I able to recover in a breach of contract lawsuit?
Non-breaching parties may recover the benefit originally outlined in their contractual agreement. In addition, they may also recover lost profits, expenses incurred from their contractual obligations, and other consequential damages. It’s important to note that North Carolina does not permit non-breaching parties to sue for punitive damages, personal injury, or emotional damages resulting from a breach of contract.
Smith Giles: Burlington’s Breach of Contract Attorneys
Don’t allow another person’s broken promise to directly impact your well-being. If you’ve recently experienced a breach of contract, get the expert legal assistance you need by contacting the knowledgeable attorneys at Smith Giles.
Schedule your initial consultation with Smith Giles PLLC today and get the information and legal expertise you need in Winston-Salem and Burlington, NC!