Non-Material Versus Material Breach of a Contract
A material breach results from a substantial failure in performance. A contract faces a material breach when the primary purpose of the agreement has completely failed. This is the more serious of the two breaches, and there are more negative side effects with a material breach. A material breach is a substantial breach that goes directly against the heart of a contract, and usually ends excusing yourself from further performance and a possible lawsuit against the other party. For any questions regarding the differences between material and non material breaches, consult with your Jacksonville construction lawyer.
A non-material breach is typically less serious than a material breach. This type of breach usually deals with a minor detail of the contract. It is a breach that does not go against the heart of the contract, but rather deviates a little from the original plan.
There are a few factors a judge will keep in mind when deciding if the breach is material or non-material. If the breach was intentional or negligent, it’s typically classified as material. The judge will need to take a closer look if the breach was a mistake, to determine if it’s non-material. A judge will also look to see how much of the benefit of the contract the non-breaching party has already gotten, the extent to which the breaching party has already performed, the extent to which the innocent party can be reimbursed, and how hard it would be on the breaching party if the breach was treated as material and the innocent party did not need to fulfill their end of the contract.
What Happens When There Is A Breach Of Contract?
If the other party in your contractual agreement breaches your contract, in any way, your next logical step will be to contact your Jacksonville construction attorney to seek their counsel. If you’re unsure if the breach is material or non-material, and not equipped to know what to do in either situation, your attorney has the experience needed to help guide you through the process.
For a non-material breach, your attorney might suggest that you continue on with your agreement, depending on the situation, however you have the option to sue for the damages that were caused by the non-material breach. If you are facing a material breach from the other party, an option your attorney might help you with is filing a lawsuit to recover damages and excusing yourself from performing your end of the contract.
To schedule a consultation with an experienced construction attorney from Cotney Construction Law, please call us today at 904.425.5030 or submit our contact request form.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.