Navigating Complex
Legal Challenges
Legal Challenges
Breach of Contract Lawyer in Florence, Alabama
A contract is the foundation of every business relationship. When you sign an agreement—whether for a construction project, a partnership, or a sale of goods—you expect the other party to deliver on their promises. When they fail to do so, the consequences can be financially devastating.
Attorney Will Burress understands that a breach of contract is more than just a broken promise; it is a direct threat to your business’s bottom line and your personal financial security. Located in Florence, Alabama, we serve as strategic partners for clients across North Alabama, helping you enforce your rights and recover the compensation you deserve.
Whether your goal is to negotiate a swift resolution or take the matter to court, our firm works aggressively to prove the agreement, demonstrate the breach, and secure your remedy. I am dedicated to being your breach of contract lawyer in Florence, Alabama, and I am prepared to assist you in any contract claims you may have across the Shoals.
What Constitutes a Breach of Contract in Alabama?
Not every disagreement amounts to a legal breach. To succeed in a claim under Alabama law, we must establish four distinct elements. At my firm, we meticulously evaluate your case against these standards:
1. A Valid Contract Existed: We must prove that you and the other party had a legally binding agreement that created specific obligations. This can be a written document or, in certain circumstances, a verbal agreement.
2. You Performed Your Duties: We demonstrate that you upheld your side of the deal—or that you were ready, willing, and able to perform, but were prevented by the other party.
3. The Other Party Failed to Perform: The defendant failed to deliver what was promised or acted in a way that violated the terms of the agreement. This could be a total failure to perform (such as not finishing a job) or poor performance (such as substandard work or unreasonable delays).
4. You Suffered Damages: Finally, we must show that the breach caused you actual harm, such as lost money, lost time, or damage to your property or business reputation.
Types of Contract Disputes We Resolve
Contract disputes can arise in virtually any industry. We have experience handling claims involving:
• Construction and Renovation: Disputes over incomplete work, poor craftsmanship, or failure to meet project deadlines.
• Business Partnerships: “Business divorces” or disagreements regarding operating agreements and shareholder rights.
• Real Estate Transactions: Failed closings or disputes over purchase and sale agreements.
• Service Providers: Contractors, vendors, or professionals who fail to perform the services agreed upon.
• Sales and Supply Agreements: Failure to deliver goods or delivering goods that do not meet the specified quality.
Our Process: From Review to Recovery
When you hire me, we move beyond simple document filing. We act as your advocate to ensure you are on equal footing with the opposing party.
1. Reviewing the Agreement: We analyze the contract’s “fine print” to identify your strongest claims and any potential defenses.
2. Gathering Evidence: Strong documentation is key. We compile emails, text messages, invoices, change orders, and witness statements to build a timeline of the breach.
3. Demand and Negotiation: Litigation is not always the first step. We often begin by issuing a formal demand letter to resolve the dispute efficiently without the need for a trial.
4. Litigation: If the other party refuses to make things right, we are prepared to file a lawsuit in Alabama state court. We handle the discovery process, depositions, and trial arguments to fight for your interests.
Recovering What You Are Owed
The goal of a breach of contract claim is to make you “whole”—to put you in the financial position you would have been in had the contract been honored. With an experienced breach of contract lawyer, we will fight to recover:
• Compensatory Damages: Financial losses directly caused by the breach.
• Consequential Damages: Loss of profits or business opportunities (if they were foreseeable and can be proven).
• Cost of Cure: The cost to hire a new contractor or vendor to fix or complete the work.
• Attorney’s Fees: If the contract calls for attorney’s fees or fee shifting, we will aggressively pursue that in court.
Why You Need An Attorney
When a contract is breached, it is tempting to try and resolve the issue yourself to save money. However, contract law in Alabama involves complex rules regarding evidence, interpretation, and procedure. “Being right” is not enough; you must be able to prove your case under the strict rules of the court.
Hiring an experienced business litigation and breach of contract lawyer changes the dynamic of the dispute in several critical ways:
• Interpreting Ambiguity: Contracts are often filled with dense legal terminology. We understand how Alabama courts interpret specific clauses—such as indemnity, force majeure, or liquidated damages—and how to use those interpretations to your advantage.
• Accurately Calculating Damages: Many individuals fail to claim everything they are owed. We help you identify and quantify not just your immediate losses, but also “consequential” damages, such as lost business profits, which require a higher burden of proof.
• Navigating Procedural Hurdles: Missed deadlines or improper filings can sink a valid case. We ensure compliance with the Alabama Statute of Limitations and procedural rules, preventing your claim from being dismissed on a technicality.
• Leverage in Negotiations: When the opposing party sees that you have retained competent legal counsel, they often take the claim more seriously. We act as a buffer between you and the other party, removing the emotion from the dispute and focusing on a strategic resolution.
• Identifying Defenses: If you are the one being accused of a breach, we can identify valid defenses—such as impossibility of performance or waiver—that could completely absolve you of liability.
Frequently Asked Questions
What is the statute of limitations for filing a contract claim?
In Alabama, the statute of limitations depends on the type of contract. For a simple written or oral contract, you have six years to file a lawsuit. If the contract is “under seal,” the deadline extends to ten years. For contracts involving the sale of goods under the Uniform Commercial Code (UCC), the deadline is four years.
A cause of action for a contract claim “accrues” (begins running) on the exact date the contract is breached, not the date the contract was originally signed.
If your claim is related to a contract but falls under a tort theory, such as unjust enrichment, the deadline may be shorter. Alabama courts often treat unjust enrichment claims that arise from classic tort injuries (like conversion or theft) under the two-year catch-all statute of limitations for torts.
Can I sue even if I don’t have a written contract?
Yes. Under Alabama law, oral contracts are generally just as valid and enforceable as written contracts. A contract can even be “implied” by the conduct of the parties without any spoken or written words, provided both parties acted intentionally and reasonably interpreted the conduct as an agreement.
However, there is a major exception known as the Statute of Frauds, which requires certain types of contracts to be in writing to be legally enforceable. Examples of agreements that must be in writing include:
(1) Contracts that cannot be completed within one year.
(2) Agreements to buy or sell real estate.
(3) Agreements to pay the debt of another person.
(4) Agreements to lend money or delay/forbear repayment of a loan.
(5) Contracts for the sale of goods for $500 or more.
Can I recover my attorney’s fees if I win?
Generally, no, unless your contract specifically allows for it. Alabama follows the “American Rule,” meaning each party is responsible for paying its own attorney’s fees, regardless of who wins.
However, if your valid contract contains a clause stating the breaching party must pay attorney’s fees and costs of collection, Alabama courts will enforce it. This is very common in promissory notes, leases, and mortgages. Even when a contract calls for attorney’s fees, the court will only award an amount it deems “reasonable” based on the actual services rendered, the complexity of the case, and the customary fees in the area.
What county do I have to file my lawsuit in?
Venue rules dictate where you can file your lawsuit:
(1) For an individual defendant: You must generally file the lawsuit in the county where the defendant (or one of the defendants) permanently resides.
(2) For a domestic (Alabama) corporation: You can file in any county where the corporation is currently doing business or was doing business at the time the breach occurred.
(3) For a foreign (out-of-state) corporation: You can file in any county where the corporation does business.
(4) Work and labor: If your claim is specifically for unpaid work and labor, you can file in the county where the work was performed.
If I entered a contract with someone out of state, where do I file the case?
If your contract contains a “forum selection clause,” you must generally file the lawsuit in the state and court specified in that clause. Alabama courts consider forum selection clauses to be prima facie valid and will enforce them unless the defendant can clearly show that enforcing it would be highly unfair or unreasonable.
If your contract does not have a forum selection clause, Alabama applies the rule of lex loci contractus, which means the nature, obligations, and validity of the contract are governed by the law of the state where the contract was made. To sue an out-of-state defendant in Alabama, the court must have personal jurisdiction over them, meaning the defendant must have sufficient “minimum contacts” with Alabama (such as doing business here or directing their actions toward the state).
Is there a fast way to win a contract lawsuit?
Yes, through a process called Summary Judgment. If the facts of your case are incredibly clear and undisputed, your attorney can file a motion for summary judgment to win the case without going to a full trial.
To win a breach of contract claim on summary judgment, you must present solid evidence proving four exact elements:
(1) A valid contract existed between you and the defendant.
(2) You performed your obligations under the contract.
(3) The defendant failed to perform their obligations (breached the contract).
(4) You suffered damages as a direct result of their failure.
You can also potentially use a declaratory judgment as a generally faster way to determine liability under contracts.
Do I have to go to arbitration/mediation if my contract requires it?
Generally yes, pre-dispute arbitration agreements are strongly enforced. While historical Alabama law disfavored arbitration, the Federal Arbitration Act (FAA) preempts state law for any contract involving interstate commerce. If your contract contains a valid arbitration clause, a court will likely halt your lawsuit and compel you to resolve the dispute in front of an arbitrator.
Regarding mediation, many contracts require parties to attempt mediation (often through organizations like the American Arbitration Association) before they are allowed to file a lawsuit or start arbitration. If a party tries to skip the mediation step, the arbitrator (not the judge) usually has the authority to decide if the case should be dismissed or paused until the mediation requirement is fulfilled.
What exactly is considered a “breach” of contract?
A contract is breached when a party fails to do what they promised to do in the agreement. This can include failing to pay, performing an obligation late, performing work in a defective manner, or an absolute failure to perform.
What kind of damages can I get if I win?
The goal of contract damages is to put you in the same financial position you would have been in if the contract had been fully performed. This usually means “compensatory damages,” which cover your actual financial losses, including reasonably foreseeable lost profits.
You generally cannot recover punitive damages for a simple breach of contract. Furthermore, damages for mental anguish or emotional distress are rarely allowed in contract cases, except in highly specific situations (like the defective construction of a new home where severe issues affect habitability).
Can I get interest on the money I am owed?
Yes. Alabama law allows you to recover prejudgment interest on breach of contract claims from the exact day the money should have been paid to you. If your contract does not specify an interest rate, the maximum legal rate of interest allowed is 6% per year. If your contract is in writing and specifies an interest rate, it generally cannot exceed 8% per year.
Protect Your Rights and Your Business
If you believe someone has broken their agreement with you, do not wait. Alabama has specific statutes of limitations that restrict how long you have to file a claim.
I am dedicated to being your breach of contract lawyer in Florence, Alabama. Contact me today to schedule a consultation. Let us review your contract and help you decide the best path forward.
You can also read my detailed overview of Alabama Breach of Contract Claims here.
