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Page 9 of 29 |
When does a breach of contract occur? |
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If one side fails to stick to her/her/its part of the bargain, there is a breach. A breach occurs when:
one party to a contract makes it impossible for the other parties to the contract to perform;
a party to the contract does something against the intent of the contract; or
a party absolutely refuses to perform the contract.
Not all breaches of contract are necessarily "contract killers" which would end up in a lawsuit. Much would depend on whether the breach is "material" or "immaterial" and who the parties are. If the breach is immaterial, you may have the option to:
ignore or excuse the defect and continue on as if nothing occurred,
point out the problem to the responsible side and give it/she/him an opportunity to fix it,
refuse to pay anything more until it is fixed, or
correct the work yourself and deduct the cost from any payment.
What makes sense for you will depend on the facts. Where the matter is substantial, the advice of an attorney can help you. |
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