San Diego Contract Law Attorney

San Diego Contract Law Lawyer

Contracts are a common part of both personal and business relationships, from real estate agreements to service provider contracts. Serious consequences can result if a contract is drafted incorrectly, and some may even attempt to take advantage by drafting a contract that is more in their favor. This means you may need an experienced San Diego contract law attorney like those at Bravo Law, APC, to help you with contract drafting, reviewing, negotiation, and even business litigation.

Defining a Contract

A contract is a legally binding agreement between at least two parties that is enforceable by law. California law outlines what a legally valid contract must include, which is:

• All parties are of capacity, meaning of sound mind and legal age,
• The agreement is made willingly and not under duress,
• The parties are receiving or providing something with value, such as services, money, or goods, and
• All parts of the contract are entirely legal.

Statute of Frauds

The Statute of Frauds says that some types of contracts need to be in writing in order to be enforceable in court. Examples include contracts for the sale or transfer of property, contracts that cannot be performed within one year from the formation date, guarantees or surety agreements, premarital agreements, and contracts for the sale of goods exceeding $500.

In addition to the requirement that the contracts be in writing, they must also include the identities of the parties, the subject matter of the contract, and the terms and conditions.

The purpose of the Statute of Frauds is to prevent fraud and perjury by requiring written evidence of agreements that are more susceptible to misunderstandings or disputes.

What Contract Attorneys Do

Contract attorneys support individuals and businesses with contract law, including:

• Drafting contracts to ensure they are legally binding agreements that meet the individual’s needs and protect their interests.
• Reviewing contracts to identify potential risks, loopholes, or ambiguities that could cause legal issues or disputes.
• Negotiating contract terms to advocate for their client’s needs and objectives to reach mutually acceptable agreements with all parties involved.
• Provide legal advice to clients throughout the negotiation and drafting process and ensure they understand their rights and obligations under the contract.
• Enforcing contracts by advocating for client’s interests through negotiation, mediation, arbitration, or litigation.
• Modifying contracts to address changing circumstances, clarify terms, or resolve any disputes.

At Bravo Law, APC, we work with a wide variety of contracts for businesses and individuals, such as commercial, distribution and licensing, real estate, commercial leasing, construction, employment, service agreements, sales and purchases of businesses, vendor contracts, partnership agreements, non-compete and non-disclosure agreements, and more.

Breach of Contract

A breach of contract is when one party fails to fulfill their obligations under a valid contract. This breach can be the failure to perform obligations, poor or substandard performance, or anticipatory breach, which is when they refuse to perform before the agreed-upon date. Some options to remedy a breach of contract are:

• Monetary Damages
  The party that did not breach the contract may seek monetary compensation, known as damages, to cover the financial losses they suffered due to the breach.
• Consequential Damages
  Consequential damages seek compensation for additional expenses incurred due to the breach, such as equipment rentals or increased material costs.
• Rescission and Restitution
  Rescission involves terminating the contract and returning the parties to their position before the contract was created. Restitution requires the breaching party to return any payments or benefits received under the contract.
• Specific Performance
  This involves a court order requiring the breaching party to fulfill any and all contractual obligations as specified in the contract.
• Punitive Damages
  If the breach was intentional or malicious, punitive damages may be awarded to punish the breaching party and deter similar conduct in the future.

Additionally, the non-breaching party may be entitled to recover reasonable attorney’s fees and litigation costs they may have incurred while pursuing the lawsuit. If you believe you are experiencing a breach of contract in San Diego, California, it is recommended that you consult with a seasoned San Diego Contract Law Attorney who can assess your rights and legal options.

FAQs

Q: What Makes a Contract Unenforceable in California?

A: In California, a contract is unenforceable if there is a lack of capacity of one party, fraud or misrepresentation, both parties are mistaken about an essential fact of the contract, it is illegal or against public policy, it was created under duress, there is a lack of consideration, or it was not written down and falls under the Statute of Frauds.

Q: How Do I Make a Contract Legal in California?

A: To be considered legally valid in California, contacts must include two essential elements: mutual agreement between all parties regarding an offer made by one party and accepted by the other and the exchange of something of value for something of value such as services, money, or goods. The parties must make a commitment to exchange the item of value.

Q: What Type of Contracts Must be in Writing to be Enforceable in California?

A: Contracts that typically must be in writing to be enforceable in California include the sale or transfer of property, contracts that cannot be completed within one year from the start date, guarantees or surety agreements, premarital agreements, and contracts for sales exceeding $500. These contracts fall under the Statute of Frauds.

Q: What Is the Statute of Limitations for Filing a Lawsuit to Enforce a Contract in California?

A: The statute of limitations for filing a lawsuit to enforce a contract in California is generally within four years of the written agreement being broken. For a verbal contract, it must be filed within two years of the agreement being broken. If a lawsuit is not filed within these deadlines, a judge is likely to dismiss the case.

Q: What Should I Do if the Other Party Is Not Fulfilling Their Obligations Under the Contract?

A: If you believe the other party is not fulfilling their obligations under a contract, you should consult with a qualified attorney who has experience in contract law. They can assess your situation, advise you on your rights and options, and help you determine what will be your most favorable course of action to enforce the contract and protect your interests.

San Diego Contract Attorney

Our experienced San Diego Contract Law Attorney can help you create a valid and enforceable contract that meets legal standards. We can also help you reinforce its terms and pursue legal action if the other party fails to fulfill its obligations. Contact us at Bravo Law, APC, to discuss your contract with our firm.