Breach of Contract

West Virginia and Ohio

A breach of contract occurs when one or more parties do not honor their part of their bargain. If you were involved in some type of contract and that contract was breached, you may have a valid legal claim. If you live in West Virginia or Ohio, contract attorneys Jan Dils and Jim Leach have helped many residents of these two states settle contract disputes, and we can help you, too.

Contract disputes can get complicated. But one factor that is important to know is that not all breaches of contract are “contract killers.” Whether or not a contract is “material” or “immaterial” is very important in determining the severity of the breach. The two types of breach are explained below:

• Material breach: This type gives rise to a cause of action in court and is very serious. The injured party can seek monetary damages. An example of a material breach of contract is a singer not showing up for a performance.
• Immaterial breach: This type is more trivial and is not a “contract killer.” An example of this type would be your HVAC guy coming to your house for scheduled maintenance on a day different than what was originally scheduled. No one is financially hurt in this type of breach.
  
  

Types of Damages in Contract Disputes

• Compensatory damages help compensate you for the economic loss caused by the breach of contract.
• Consequential damages are those caused indirectly by the breach of contract. An example of consequential damages would be a store buying a new software system to run its finances. If the system breaks down and the store has to close while it is being repaired, the loss of sales while the new system is being fixed would be consequential damages.
• Liquidated damages are damages that are clearly specified in the contract itself. For instance, a contract may stipulate that for every day a construction job is not finished, a $100.00 fee will be assessed.
• Punitive damages punish the wrongdoer in contract breach case. This type does not apply to all cases.

If you live in Ohio or West Virginia and have been the victim of a breached contract, please contact Jan Dils & Jim Leach, Attorneys at Law, today to schedule a confidential, no-cost consultation.