Nonperformance Breach of Contract

Nonperformance of Contract

Atlanta Business Litigation Attorneys

When a party enters into a contract, they are obligated by law to fulfill the duties of their agreement – in other words, they must do as they promised. Nonperformance of contract, an overarching category of breach of contract, occurs when one party fails to fulfill their obligations. If you have entered into a contract with a party who has failed to uphold their end of the bargain, contact Buckley Beal, LLP today. With more than 85 years of combined experience protecting businesses, corporations, and companies against nonperformance breaches, we can help your business from harm and ensure your best interests are guarded at all times.

Why trust our team of world-class advocates? Consider the following:

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Get in touch with our office online or call (404) 913-7415 today to review your legal options in full.


Does Nonperformance Always Warrant Contract Termination?

When a party does not fulfill their obligations as established within the terms of their agreement, they may be held in breach of contract and be held civilly liable for any damages that should befall the non-breaching party. If the breach is material, or if the breach violates the heart of the contract, the non-breaching party may have grounds to terminate the contract and require the breaching party to restore them to a condition they would have been in if the contract had never been created. For example, if you agree to pay $1,000 to a violinist to play at your company charity dinner, but he shows up to the event without his violin, he will be in material breach of contract and will be unable to fulfill his duties.

Not all instances of nonperformance allow a party to terminate a contract, however. A person does not have to fulfill the obligations of their contract until performance is due. For example, if you were to agree to purchase equipment from a seller for $5,000 on delivery, but the seller never delivers the equipment, they cannot accuse you of nonperformance for not paying. You would only be held in breach of contract if the seller were to deliver the goods and you withheld payment.

What Remedies Are Available?

As a general rule of thumb, parties are required to make a good faith effort to execute the terms of the contract and find a mutual remedy before moving towards legal action or contract termination. Generally, this will require first requesting that the other party fulfill their duties, imposing penalties, or other measures. Our business law attorneys can help you negotiate with the other party towards a mutual arrangement and advise you on the most appropriate course of action to pursue. While we are dedicated to making every effort to help you achieve a cost-effective and mutually acceptable solution, we are fully prepared to pursue litigation if necessary to yield the results you need.

Discuss Your Case Today

Accusing another party, or being accused yourself, of nonperformance is a serious legal situation and requires the expertise of an experienced business lawyer. At Buckley Beal, LLP, our Atlanta business litigation attorneys are committed to providing our clients with unparalleled service and responsive representation. Protecting your business’ goals is our top priority, and we are prepared to do everything within our power to ensure your best interests are guarded. From fundamental to partial breaches, we can help you take action to minimize damage to your business.

Schedule a confidential case review today to discuss your situation in detail.

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