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Question: “What are my options if the other party has materially breached our contract?”

After material breach of a contract, the first thing that you should do is have the contract and the circumstances analyzed by an experienced attorney. Many contracts have provisions that require notice to be provided to the breaching party to give them an opportunity to cure or remedy the breach. It’s important to make sure that you strategize with a knowledgeable attorney because you may do things early on in the process after breach that actually impair your ability to enforce the contract. Ultimately you may be able to bring litigation but you want to be sure that you’re postured appropriately before you do that.

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THIS BLOG IS INTENDED FOR GENERAL INFORMATION PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE. THE READER SHOULD CONSULT WITH KNOWLEDGEABLE LEGAL COUNSEL TO DETERMINE HOW APPLICABLE LAWS APPLY TO SPECIFIC FACTS AND SITUATIONS. BLOG POSTS ARE BASED ON THE MOST CURRENT INFORMATION AT THE TIME THEY ARE WRITTEN. SINCE IT IS POSSIBLE THAT THE LAWS OR OTHER CIRCUMSTANCES MAY HAVE CHANGED SINCE PUBLICATION, PLEASE CALL US TO DISCUSS ANY ACTION YOU MAY BE CONSIDERING AS A RESULT OF READING THIS BLOG.

About the Author

Stephen C. Schahrer, a Naples, Florida native, earned his Juris Doctor from Liberty University School of Law after obtaining a Bachelor of Arts in Political Science and a Master of Public Administration from Florida Gulf Coast University. As an AV-Preeminent Rated attorney with a Board Certification in Business Litigation, he practices commercial and business litigation at Boatman Ricci, representing clients in business, construction, real estate, contract, and trust litigation. With prior experience at the Florida State Legislature, the U.S. Marshals Service, and local nonprofits like St. Matthew’s House and Better Together, Stephen leverages his diverse background to provide practical legal solutions, guided by his strong Christian faith and commitment to client relationships. Outside of work, he enjoys spending time with his wife, Rhya, and their three children, practicing martial arts.