Nialis Law Group, A Professional Law Corporation
contact menuMenu

What To Do After Receiving A Breach Of Contract Claim

Getting a demand letter that claims you breached a contract can be jarring. You work hard to keep your business running, to keep moving forward. Now you have to stop and deal with this threat that could jeopardize everything you have built.

What you do after receiving the demand letter for breach of contract can have a big impact on how the case unfolds. Here are some things to consider:

Check The Validity Of The Demand Letter

There is a specific format a demand letter should follow and specific details that should be included. A poorly written, unclear or nonspecific demand letter may not be valid.

It goes without saying that you should verify that the letter has come from a party you actually have a contract with. Unfortunately, there are fraud attempts that begin with a fraudulent demand letter, so this is something to be watchful for. 

Review The Contract

Look closely at the contract that you allegedly breached, as well as all related correspondence. What part of the contract is the other party saying you breached? Is it possible that you did breach the contract? Has the other party misinterpreted the contract or simply accused you of a breach you did not commit? Knowing the exact language of the contract will be invaluable moving forward. 

Consider Defenses or Decide If You Want To Cure The Breach

There may be any number of defenses to the breach of contract claim. Perhaps you are being accused of not delivering a product or service that another party was responsible for. Perhaps you did fulfill the contract, and you can prove it. There are also affirmative defenses, which do not argue that you did not breach the contract, but instead argue that there were mitigating circumstances. For example, there was a mistake in the contract, the contract was not legal or the contract did not have a clear time frame.

In some circumstances, you may simply want to agree to cure the breach.

Ultimately, great care should be taken in considering and preparing your response to a breach of contract claim. This may involve getting legal advice from an experienced lawyer. What you do now could have a long-lasting effect on your business.

No Comments

Leave a comment
Comment Information

*AV®, BV®, AV Preeminent® and BV Distinguished® are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell Peer Review Ratings fall into two categories – legal ability and general practice standards.

Email Us For A ResponseEmail Us For A Response

Let's Work Together To Achieve Your Goals

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Location

We are located in the Orange Tower, a Class A building with excellent freeway access and abundant free parking.

500 North State College Blvd., Suite 1200
Orange, CA 92868

Phone: 714-464-3408
Fax: 714-634-3869
Orange Law Office Map