Except for a few varieties of agreements subject to North Carolina’s “statute of frauds,” most other agreements may become written or oral contracts. Both types are recognized by North Carolina law; you do not necessarily need a written document recording your agreement in order to bring a civil lawsuit for breach of contract. If the party with whom you have contracted fails to pay or otherwise perform as required, you are entitled to utilize the courts to recover damages. The Raleigh breach of contract attorneys of Maginnis Law can assist you through that process. To discuss your breach of contract claim or any other legal needs you or your business may have, call the firm at 919.526.0450 or 919.480.8526.
Some of the most common questions our clients have in regards to their breach of contract claims pertain to the types of damages that will be available. For basic collections on accounts receivable, the damages typically consist of the principal amount owed, interest, and attorneys’ fees limited to 15% of the amount owed. For more complicated cases, such as disputes between two businesses, you will be entitled to recover whatever economic losses you have incurred which were a reasonably foreseeable result of breach at the time the contract was negotiated.
In some situations, you may not have a fully valid contract but could still be entitled to recover damages pursuant to an “unjust enrichment” claim. This cause of action is available when you have given something of value to another person or business and it would be unfair for them to retain the benefit without payment. If successful, you can recover the fair market value of the product, services, or payment you provided.
If you have a breach of contract claim, it is important that you act within the statute of limitation. In North Carolina you must file a lawsuit within three (3) years from the date of breach. Failure to do so may mean that you have lost any legal right to recover the debt
Maginnis Law regularly assists individuals and businesses in commercial disputes involving breach of contract claims. To discuss your case, call the firm a free evaluation and consultation. Attorney Edward Maginnis can be reached at 919.526.0450 and attorney Shawn Howard can be reached at 919.480.8526. Our breach of contract attorneys regularly assist clients in the Wake and Durham County areas, including Raleigh, Cary, Morrisville, Apex, Wake Forest, Holly Springs, Zebulon, Durham, and Chapel Hill. For email inquiries regarding your case, use our contact page.