Overland Park Breach of Contract Lawyers
A breach of contract is a common legal dispute under which construction arguments are frequently adjudicated. When a property owner opens a contract with a contractor, the scope of the project, how and when it is to be completed, and how the contractor will be paid are all laid out for both parties.
However, in many cases, some parties enter into a handful of agreements with numerous contractors, engineers, architects, and vendors. This can adds complications and confusion to a project. When a problem arises, the first place that people are going to look to see who will be at fault is the original contract.
In response to a breach of contract, there are a number of potential remedies available. The non-breaching party may also have the option to terminate the agreement altogether if the breach is determined as material. The failure to perform a substantial portion of a contract is more than likely to make the agreement voidable.
Construction Breach of Contract Disputes
Contract disputes arise in varying circumstances and can be minor or extremely serious. In any case, when a contractor or builder agrees to do something by contract, you will often have a legal right to enforce that contract.
Common construction contract disputes that occur as a result of breach of contracts include:
- Failure to use approved subcontractors;
- Failure to follow the building specifications (i.e. blueprints, design choices, etc.);
- Missing building deadlines without proper excuse or permission;
- Use of materials not approved in the contract;
- Excessive increase in construction, labor, or materials cost;
- Failure to complete the work for the quoted price (based upon the language of contract);
- Poor construction or substantial construction defects; or
- Nonperformance that amounts to a contract default.
These are far from the only disputes that may arise over a contractual agreement, and anytime a builder or contractor breaches a contract with you, an experienced Kansas City and Overland Park construction lawyer can help evaluate your case.
The 4 Elements of a Breach of Contract
A breach of contract claim is at the heart of construction business litigation. The elements of a breach of contract claim are:
- The existence of a contract: In order for a contract to exist, there must be an offer, acceptance, consideration, mutual assent, and intent to be bound. There must be an objective meeting of the minds sufficient to give rise to a binding an enforceable contract. Most importantly, an acceptance must comply with the terms of the offer and be clear, unambiguous and unequivocal. If the acceptance is qualified with conditions, it is equivalent to a rejection and counteroffer. And mere silence, when not misleading, can not be construed as acceptance.
- Performance by the party seeking recovery: The party seeking recovery must prove that they have satisfied all conditions agreed in the contract in order to seek legal reparations. In some instances, the party seeking damages may be excused from completing their contractual duties, if their performance was conditioned on the defendant’s performance, which did not take place.
- Non-performance by the other party: The other party involved in the contract, or the defendant, must engage in a “material breach.”
A material breach is one that goes to the root of the agreement between the parties. It must be so substantial that it defeats the object of the parties in making the contract.
- Damages attributable to the breach: The resulting damages will either be “direct damages” or “consequential damages”
- Direct damages are those that flow naturally and probably from a breach of contract. For example, where the seller delivers imperfect goods, the buyer’s direct damages are the difference between the value of the defective goods and their value if they had been perfect. Or if the buyer doesn’t make payment, the seller’s direct damages are the money he was owed.
- Consequential damages include whatever was within the contemplation of the parties when they entered the contract. Thus, consequential damages includes lost profits, damage to the good will of the plaintiff, and special or incidental losses (such as the cost of correcting a defective good, or of transporting the defective goods back to the seller.)
Meet with our Breach of Contract Lawyers
If you are in the Kansas or Missouri area and have suffered losses from another party breaching a contract, contact one of our Kansas and Missouri construction lawyers to arrange for an initial consultation. Our legal team is well versed in construction breach of contracts and we take pride in our ability to serve your needs.We are here to answer your questions and give you guidance moving forward. Call us today at (913) 839 2808.