I often am asked what to do when accused of a breach of contract?
Hi, I’m Reed Bloodworth an Orlando Florida attorney. I’ve been practicing business litigation commercial litigation and estate and trust litigation since 2004.
Hi, I’m Reed Bloodworth an Orlando Florida attorney. I’ve been practicing business litigation commercial litigation and estate and trust litigation since 2004.
What to Do When Accused of Breach of Contract
Well there are a number of things you can do but something I
would like to address is whether or not you should engage with the other party
in verbal sparring or e-mail exchange or things of that nature.
Can’t Take It Back
Often times this type of exchange with a person who’s been
accusing you of breaching a contract can escalate the matter quickly. It can
also lead to statements that perhaps you don’t really want out there.
Remain Calm
So when you’ve been accused of breaching of contract I think
the first thing to do is remain calm. You don’t want to immediately jump to the
defense of this and write a nasty e-mail or leave a nasty voicemail or
something of that nature.
Ask for Legal Advice
If you have an attorney it might be a good idea to inform
the attorney of what’s going on and ask his advice or her advice.
Don’t Admit Breach
Another thing is, as a general rule, do not admit to any
type of breach. You don’t want to leave a voicemail stating, “I’m sorry I breached
the contract.” You don’t want to send an e-mail that says “I apologize for the
breach I’ll make up for it.”
Valid Defense?
A lot of times you’re going to breach or be accused of a
breach of contract and you’re going to have a valid defense. Perhaps the goods
that you ordered weren’t properly made or they’re sub-standard work or the
contractor that you hired did not perform adequately.
These are valid defenses to a claim for a breach of contract
and a valid reason for you to withhold payment. So before you engage with
someone who is accusing you of a breach contract speak to an attorney first.
Again my name is Reed Bloodworth an Orlando Florida
attorney. Give me a call. Let’s talk about what happened to you.
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