Unfortunately, breach of contract actions are fairly common in Virginia. Although parties often work hard to negotiate robust agreements, many agreements are translated into contracts that lack the information necessary for successful execution. This often leads to conflict, and eventually court action.
In Virginia, breach of contract actions can be based on both oral and written contracts; however, under Virginia’s Statute of Frauds, certain types of agreements must be in writing. Generally, in order to bring an action for breach of contract, you must prove (1) there was a legally enforceable contract; (2) this contract was breached by the other party; and (3) as a result of this breach, you were damaged. The damage must be measurable and directly related to the contract terms. The purpose is to place you back into the same position you would have otherwise occupied, but for breach of the agreement.
While these types of disputes are common, they are not always straightforward. Contracts often use complicated language and provisions which can have unanticipated consequences for an eventual litigant. Additionally, even if a plaintiff can demonstrate a breach occurred, defendants in a breach of contract action can often invoke various defenses such as duress or undue influence. Further, you may not be able to recover attorneys’ if there is no statute or provision in your contract allowing an award of such fees. The Attorneys at HALE BALL MURPHY, PLC are highly experienced in handling these claims, both bringing them on behalf of plaintiffs and defending them on behalf of defendants, and they are dedicated to providing their clients guidance while navigating this often-complicated process.