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Steps To Take When You Suspect A Breach Of Contract

Contracts are the backbone of many business and personal relationships, providing clear terms and expectations for all parties involved. However, there are times when one party may fail to fulfill their obligations, leading to a breach of contract. When you suspect a breach of contract, it’s crucial to act promptly and methodically to protect your interests. Here’s a step-by-step guide on what to do when you find yourself in this situation.

1. Review The Contract Thoroughly

The first step is to revisit the contract in question. Carefully read through all the terms and conditions to understand the obligations of each party. Pay special attention to:

  • Specific Obligations: What exactly was promised by both parties?
  • Deadlines and Milestones: Are there any timelines that have been missed?
  • Remedies and Penalties: What does the contract say about breaches and the consequences thereof?

Understanding these elements will help you determine whether a breach has indeed occurred and the potential remedies available.

2. Document Everything

Accurate documentation is crucial when dealing with a potential breach of contract. Start by gathering all relevant evidence, including:

  • Communications: Emails, messages, and letters exchanged between the parties.
  • Records: Any logs or records of performance, deliveries, or payments.
  • Witnesses: Statements from individuals who can corroborate your claims.

Having comprehensive documentation will strengthen your case if the matter proceeds to negotiations, mediation, or litigation.

3. Notify The Other Party

Once you’ve confirmed a potential breach, notify the other party in writing. This notice should:

  • Be Formal: Use a formal tone and format, such as a registered letter or an official email.
  • Detail the Breach: Clearly outline how the other party has failed to meet their obligations.
  • Request a Remedy: Ask for a specific remedy, such as fulfillment of the terms, compensation, or another solution stipulated in the contract.

This step not only serves as a formal record of your grievance but also provides the other party an opportunity to address the issue.

4. Seek Legal Advice

Consulting with a breach of contract lawyer who specializes in contract law is highly recommended. They can provide:

  • Expert Evaluation: An assessment of the breach and the strength of your position.
  • Advice on Remedies: Guidance on the most appropriate course of action, whether it be negotiation, mediation, or litigation.
  • Preparation for Legal Action: If necessary, your lawyer can help you prepare for court, ensuring all your documentation and evidence are in order.

5. Attempt Negotiation

Before escalating the matter to court, attempt to resolve the issue through negotiation. This approach can be less costly and time-consuming. A lawyer can assist in:

  • Facilitating Discussions: Acting as a mediator to help both parties reach a mutually agreeable solution.
  • Drafting Agreements: Ensuring any new agreements or modifications are clearly documented and legally binding.

6. Prepare For Litigation

If all else fails, you may need to take the matter to court. Your lawyer from Mahdavi, Bacon, Halfhill & Young, PLLC will guide you through the litigation process, which involves:

  • Filing a Lawsuit: Submitting a formal complaint to the court.
  • Discovery: Exchanging information and evidence with the opposing party.
  • Trial: Presenting your case before a judge or jury.


Suspecting a breach of contract can be daunting, but taking these systematic steps can help protect your interests and achieve a favorable outcome. By reviewing the contract, documenting everything, seeking legal advice, and exploring all resolution options, you can navigate the complexities of a breach of contract with confidence.