Are you aware of what you should and shouldn’t say? Communication during breach of contract can be safe or can lock you into a position, or cause problems if you get angry.
Hi I’m Reed Bloodworth an Orlando Florida attorney. Since 2004 I’ve practiced business litigation commercial litigation and estate and trust litigation.
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 are very 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 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 15th. You failed to make that payment. Please make this payment immediately.
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 has 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 okay. They do establish potential evidence for any lawsuit going forward and often times they lock the parties in to their potential positions.
- Remain Calm
- No nasty e-mails
- No name calling
- Get a lawyer
So some 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 okay for clients or the parties to exchange some communication maybe attempt to work out the potential breach it would be very advisable for the parties to engage counsel.
An Attorney May Resolve Everything
And before any communication is made between the parties ask the counsel for their advice. Often times the attorney will give you attorney that will help you resolve the issue quicker rather than going into multiple exchanges with each other.
Also often times involving an attorney it will encourage the other side to resolve this matter. If at some point the parties appear that there’s just not going to be a resolution it’s beneficial to have already had counsel involved because they’re aware of the situation and they’ll be able to immediately begin the lawsuit representing you.
So again my name’s Reed Bloodworth an Orlando Florida attorney. Give me a call. Let’s discuss what happened to you.