Performance

In order to enforce a contractual obligation, you must have executed your own conditions under a contract, or have a valid excuse that the other party prevented or waived your performance. [Civil Code 1439]

Breach

It is vital when declaring breach or default, that the facts constituting the other party’s breach of contract are stated with certitude. Here are some examples of breach of contract:

• If the obligation of the contract is to pay you money, the breach is composed of nonpayment. 
• The contract may call for performance of some service
• Breach consists of failure to render the service
• Untimely performance of the service
• Negligent performance of the service.  
• The contract may call for delivery of goods
• The breach consists of the failure to deliver the goods, untimely delivery, incomplete delivery, or defective goods.  

Sometimes, the time for performance has not yet happened but there is an expected breach because they admitted they would be unable or unwilling to perform. Generally, the other party will raise defenses or excuses for non-performance, and we will analyze and determine if their affirmative defenses have legal merit.

Monetary Loss

• Actual Damages: For a breach of contract, you may recuperate the amount required to compensate you for the breach or the equitable value of the services. [Civil Code 3300]. In addition to actual damages, you may also be entitled to consequential damages such as reasonably certain lost profits, spending incurred in reliance on the contract, or liquidated damages if the contract has a reasonably predetermined fixed penalty. [Civil Code 3287(a)]
• Interest Damages: If your loss is a definite amount (or capable of being made certain by calculation) and the right to recover was vested on a certain date, you are entitled to add interest from that date through the date of judgment at up to the judicial rate of ten percent (10%) interest per year. [Civil Code 3287]
• Punitive Damages: Although emotional pain & suffering is generally not compensable from a breach of contract, if there was an intentional fraud or theft, you may be entitled to recover a penalty that is often double or triple your actual loss if you can prove they have the assets to pay it. [Civil Code 3294]
• Attorney Fee Damages: If the written contract has a particular provision providing for attorney fees in the event of a default, you may be entitled to recover reasonable attorney fees.  On the other hand, certain types of cases have statutory attorney fees imposed even if the contract does not contain an attorney fee provision. If the case is not settled before trial, the trial court awards the prevailing party its actual court costs, plus reasonable attorney fees by contract or statute.

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