Contracts are valuable tools for any business-related relationship. They can act as a safeguard to ensure that any other people or companies your business works with understand the scope and nature of their participation in a project. Of course, contracts are just pieces of paper, and some contractors may choose to violate the agreed-upon terms.
Of course, those pieces of paper are legally binding in most cases, so if a contractor does breach a contract, you likely have options for addressing the situation and attempting to collect on any damages that may have occurred as a result of the breach.
How can you approach a breach of contract?
Before you jump right into telling someone that you plan to sue over the breach, you may want to make sure that the other party knows that a violation of the contract terms has taken place. In some cases, an informal discussion could bring the issue to the other party’s attention, and a quick resolution could come about. This, of course, is the best-case scenario after a breach.
If an informal discussion does not garner the desired outcomes, you may need to take further action. Still, before threatening to sue, you may need to write a breach of contract letter. This letter acts as a formal notice to the other party that you believe a breach of contract has occurred. The letter can detail what section of the contract the actions or inactions breached, exactly how the breach occurred, and how to possibly reach a solution.
Formalities of the letter
Writing a breach of contract letter may have been included in your contract in the portion about handling a breach of contract. If so, you will need to follow the details about how to send the letter to ensure that it is a formal notice. For instance, your contract may state that you must send the letter by fax, regular mail or email.
Of course, writing a letter may not be the end of the issue. The contractor could choose not to respond or may respond with additional adverse actions. As a result, you may need to take further steps to have the problem addressed. Consulting with a Kansas attorney regarding breach of contract issues, how to correctly write a complaint letter and your legal options may be wise.