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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:

  • AV Preeminent® Rating by Martindale-Hubbell®
  • Included in U.S. News—Best Lawyers "Best Law Firms" 2015
  • Featured in Super Lawyers® Business Edition
  • Named in Georgia’s "Legal Elite" by Georgia Trend Magazine

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.


Get in touch with our office online or call (404) 781-1100 today to review your legal options in full.