Breach of Contract Case Study
TonaLaw helps business parties reach amicable, confidential settlements, before trial.
Is someone you worked with in “Breach of contract”? This is is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party’s performance. Breach of Contract occurs when a party to a contract fails to fulfill his or her obligation as described in the contract or communicates an intent to fail the obligation or otherwise appears not to be able to perform his or her obligation under the contract.
1: Represented Defendant in a Suit for Breach of Contract on Promissory Note
TonaLaw represented a non-for-profit charitable organization being sued by a former member on a breach of a promissory note. It was a frivolous action as the defendant was not in breach of the promissory note and it was paid in full. The suit was for approximately a half a million dollars.
After two years of extensive pre-trial motions and negotiations, TonaLaw secured a very nominal settlement.
2: Represented Plaintiff in a Suit for Breach of Contract on a Promissory Note
We represented the plaintiff’s estate in this action where the decedent lent approximately $125,000.00 to the defendant. When the plaintiff died, the defendant had not repaid the debt, resulting in a breach of contract.
TonaLaw filed a summary judgment motion in order to have the judge rule that the defendant was liable for the debt, and the motion was granted. The only unresolved issue was how much the defendant owed. TonaLaw negotiated a confidential settlement between the two parties and the case did not have to go to trial.
3: Subcontractor Vs. General Contractor
TonaLaw represented the plaintiff, a subcontractor, in an action against the defendant, who was a general contractor. The defendant subcontracted close to $139,000.00 worth of work to the plaintiff, but defaulted on approximately $60,000.00 worth of payments.
“Tom has been my litigation lawyer for my construction business since 2009 when he took on a certification appeal that was difficult, tedious and involved countless paperwork. He successfully won the certification for me and I have kept him on ever since. He has assisted in money collection and contract negotiations with positive results . . . Most recently he aided my company in obtaining the proper representation in an intricate workers comp case we became involved in and was the motivating factor in putting together the legal defense to mitigate culpability and costs. I trust Tom implicitly for both my business and personal needs. He is always available for help, advice, and is genuinely invested in who he represents not just as a client but as a person. I commend his staff as well for always being friendly, courteous and again genuine with what they do. I would highly recommend him!!!!” – Diana A.
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