No matter the industry you are in or the size of your business, contracts are one of the fundamental tools of how business operations work. When dealing with multiple contracts, it is inevitable that concerns of a contract breach come up. A breach of contract involves a party to an agreement failing to uphold their duty as contractually obligated. Whether you are the plaintiff or the defendant in the matter, a qualified Acadia Parish breach of contract lawyer can help.
Attorneys Jim Gibson and Chuck Kreamer saw businesses struggle as commercial litigation has grown more complex over time. That’s why they founded a firm capable of assisting businesses throughout southern Louisiana.
At Gibson Law Partners, LLC, we can match you with an attorney based on what your case requires. Our distinguished and talented lawyers are dedicated to helping you, including advocating on your behalf and guiding you through every step of the legal process.
According to the U.S. Small Business Administration Office of Advocacy, approximately 99.5 percent of Louisiana businesses are small businesses. Over 464,000 small businesses were reported in the state in 2023, which employed nearly 899,000 employees.
Whether you own or represent a small business or a large company, disputes are bound to arise. One of the most common business disputes is a claim of breach of contract.
Contracts are important because they are legally enforceable documents. It’s helpful to have the details of an agreement on paper for reference. However, it ultimately gives a business the right to recover damages for the losses they experience if the other parties in the contract do not fulfill their responsibilities.
If you believe one of the parties you agree with has violated the contract’s terms or failed to meet their duty, you can take action in a breach of contract dispute. It is also possible for those other parties to claim you have breached the contract.
Numerous actions or lack of action may be considered a breach of contract, from not completing a job on time to not performing a duty as outlined, to not completing the job at all. Typically, breaches are either material or immaterial.
A material breach is a serious violation that effectively cancels the contract. Since the non-breaching party was deprived of their benefits or unable to complete their duty, they can seek to recover damages. In an immaterial breach or minor breach, the contract remains valid despite a slight deviation or incomplete detail, and the non-breaching party can only pursue compensation for related damages.
You should hire a breach of contract lawyer in Louisiana because the state’s laws are unique and often difficult to navigate for those who aren’t familiar with them. A qualified and experienced Acadia Parish breach of contract attorney understands how to guide you through the various procedures, laws, and expectations associated with commercial litigation.
The courthouse that is likely to handle a breach of contract case in Acadia Parish depends on whether it falls under state or federal jurisdiction and the monetary amount in question, among other factors such as case complexity. Most state cases are processed within the 15th Judicial District Court system, either at the Crowley City Court or the Acadia Parish Courthouse.
If the case falls under federal jurisdiction, such as when parties are from different states, it would more likely be handled by the U.S. District Court for the Western District of Louisiana. The main courthouse is located at 800 Lafayette Street, Suite 2100, Lafayette, LA 70501.
Actual and anticipatory breaches are different because they take place at different times. An actual breach of contract is when one party fails to perform a job or follow a requirement as outlined in the agreement.
An anticipatory breach is when one party notifies the other that they cannot comply with a contract. In an anticipatory breach, once one party has said they cannot follow the contract, the other party can claim breach of contract, even if it hasn’t happened.
The remedies for a breach of contract are meant to resolve the dispute and can depend on the unique circumstances of the case. Examples of remedies include:
The defenses for a breach of contract in Louisiana include:
A breach of contract dispute typically takes anywhere from a few months to a year or longer to fully resolve. The time needed to conduct the proceedings and remedy a breach of contract case varies depending on the scope and complexity of the dispute. Simple contract issues may only need a couple of months to complete, while highly complex or litigated cases are likely to take much longer.
At Gibson Law Partners, LLC, our business litigation attorneys are familiar with overseeing high-stakes breach of contract claims, as well as other enforceability issues. Our team takes every case seriously because we believe every client matters. Reach out to us today to schedule a consultation with a breach of contract lawyer who is dedicated to giving your case time, care, and attention.