When Can you Sue for Breach of Contract?

When a contract goes south, your business could potentially suffer significant economic losses. Sometimes, the only way to be made whole again is to bring a breach of contract claim if that is a viable option. When these situations arise, a business attorney can assist to help you attempt to resolve such issues through settlement or by filing a lawsuit to enforce unmet contractual obligations or demand monetary compensation to replace unmet contractual obligations.

Common Situations

Some of the most common situations that result in the filing of breach of contract lawsuits include:

-       Non-payment

-       Failure to perform agreed upon services

-       Failing to deliver on a contract which results in business financial damages, lost revenue, lost business relationships

-       Behavior that violates applicable government regulations.

Statute of Limitations

In North Carolina a party generally has 3 years from the date of contract breach to sue another party for damages, or specific performance under a contract. In Florida a party generally has 5 years. Some verbal agreements may also be enforceable through breach of contract actions. However, always consult with an attorney as soon as possible because contract terms vary and because each case is different.

Also if you find yourself on the receiving end a lawsuit, there are deadlines as to when a written response to the lawsuit is required. In Florida a party must generally file a written response to a lawsuit within 20 days of when you are served with a summons and complaint. In North Carolina a party must generally file a written response to a lawsuit within 30 days of when you are served with a summons and complaint. In federal court a party must generally file a written response to a lawsuit within 21 days of when you are served with a summons and complaint.

There are specific legal requirements that need to be included in the written response to protect your interests and advance legal defenses. Contact an attorney as soon as possible if you are served with a summons and complaint to a lawsuit to protect your interests.

Contact Biazzo Law today to schedule your free Business or Civil Litigation consultation. Thank you.

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