Communication During Breach of Contract

Are you aware of what you should and shouldn’t say? Communication during breach of contract can be safe if you’re careful, or it can lock you into a position you don’t want to be in.

I’m attorney Reed Bloodworth, Founder and CEO of Bloodworth Law, an Orlando, Florida law firm with an office in Winter Haven. Since 2004 I’ve practiced trust litigation, estate litigation, business litigation, commercial litigation, employment law, and estate planning.

Communication During Breach of Contract

Today I want to talk about communication during breach of contract situations because I see parties make mistakes when they believe a breach of contract has occurred.

Usually, there’s frustration that comes out in the form of angry e-mails or threatening voicemails. When I say parties, I mean the potential plaintiff and the potential defendant.

Beware Damaging Statements

Often times when a potential breach has occurred the parties have attempted to begin a series of e-mail exchanges or telephone call exchanges. Sometimes this can be helpful but sometimes it can be pretty damaging to your case.

What’s Safe to Say?

So I just wanted to run through a few examples of what’s safe to say, whether you’re a plaintiff or a defendant in a breach of contract. When a potential breach occurs typically it is the potential plaintiff who will notify the potential defendant.

A very general example would be: “you know dear defendant, the contract we have states that you were to pay me $500 by the 15^th. You failed to make that payment. Please make this payment immediately.”

That Communication Is Fine

That type of communication is fine. It is within the realm of the contract. If it was an installment note or something of that nature it’s calm, it’s collected it is a factual statement. As a potential defendant, he may or she may respond that, “I don’t owe that payment because of some circumstance that have arisen.”

Or, perhaps the potential defendant believes that the potential plaintiff breached the contract and that’s why there’s no payment owed.

These communications are generally OK. But, they do establish potential evidence for any lawsuit going forward and often times they lock the parties into their potential positions.

Communication Recommendations

• Remain Calm
• No nasty e-mails
• No name calling
• Get a lawyer

So here are some communication recommendations. When there is a potential breach of contract, any communications should be calm. You do not want to immediately fire off a very nasty e-mail, or begin name calling, or make statements that you know are untrue because you don’t want to open yourself up to some other type of lawsuit.

And while it is OK for clients or the parties to exchange some communication maybe to attempt to work out the potential breach, it would be very advisable for the parties to engage counsel instead.

An Attorney May Be Able To Resolve Everything

And before any communication is made between the parties, ask the counsel — the attorney — for their advice.

Often times the attorney will give you advice that will help you resolve the issue more quickly rather than going into multiple exchanges with each other.

Also, involving an attorney may encourage the other side to resolve the disputed matter.

If at some point the parties appear, there’s just not going to be a resolution, it’s beneficial to have already had counsel involved. The reason is that because they’re aware of the situation, they’ll be able to immediately begin the lawsuit by representing you.

So again my name’s Reed Bloodworth an Orlando, Florida, and Winter Haven, Florida, attorney. Talk to me about what’s happened to you, your family, or, your business.