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When someone breaches a contract what happens with the

When someone breaches a...

When someone breaches a contract what happens with the contract by law?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Kansas

Lawyer's Assistant: Has anything been filed or reported?

No

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Answered in 7 minutes by:
12/13/2017
Bill Attorney
Category: Legal
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Dear Customer ,

Thank You for posting your legal question today. I'm attorney Bill offering assistance and support to your legal question.

A person who breaches a contract can be sued in the Kansas District court.

Sometimes a contract can specify an amount of damages known as liquidated damaged to be paid for the breach by either party or else the aggrieved party needs to file a civil action for specific performance of the agreement or for damages, actual and punitive in cases of willful breach in certain instances.

For cases where the amount claimed is less than $4,000 you have also the possibility of availing of the small claims procedure which is a simplified procedure to retain restitution.

If you have a copy of the contract and would like this reviewed as an extra service please let me know.

I'm an independent legal expert and rely on your positive feedback today to get a credit.

You do this by rating 5*****, 4**** or better.

SO I hope you rate FIVE STARS before your exit today.

Thank You

Attorney Bill

Bill Attorney
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Customer reply replied 2 months ago
What if part of the contract was verbal and you signed like an agreement? I guess I'm asking how well does a verbal contract stand up in court?

Verbal contracts are enforceable so long as they comply with the statute of frauds and aren't subsequently amended by a written agreement.

For example :

"4-2-201.Formal requirements; statute of frauds. (1) Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this paragraph beyond the quantity of goods shown in such writing."

In addition contracts for the sale of real property, leases longer than 1 year, loan agreements and estate documents need to be in writing.

So It comes down to your specific contract type.

Best

Attorney Bill

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Customer reply replied 2 months ago
I am currently installing doors for Home Depot as a subcontractor through another company serving as a general contractor. We have a verbal agreement that they are to pay me 90% of what Home Depot pays them for doors I install. Basically they are telling me they are being paid an amount that I know is not correct. What it comes down to is I'm getting 60-70% instead of the 90% that was agreed on. If I can prove this can i get the money that's owed to me?

This is difficult when the agreement is not in writing as per the above the statute of frauds statute for sale of goods that exceed $500.

Nonetheless the statute of frauds is a defense to a suit and you can still bring the suit for the claim for the difference 60-90%.

You should be able to post a lien against the owner of the property if the contractor is failing to pay you; you need to service of intention to place a material mans / mechanics lien on the property.

Best

Attorney Bill

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