Wondering how to sue somebody who didn't deliver on a contract?
If you contracted somebody to do something and they didn't do it, you can sue for breach of contract. Even if they did the work, but did it poorly, you can sue them. Were they late, sloppy or dangerous? If so, you can sue.
Mind you, you don't have to sue. You can try to work it out amicably. That's always the right first step. But if you don't make any headway, it may be time to take them to court.
In a breach of contract lawsuit, the contract can be written, oral or implied. Here are a few examples:
To win a lawsuit for breach of contract, you typically have to prove three things:
Here are a couple of tips that might come in handy in suing for breach of contract. First, be sure you are suing the right person. If you sue an individual when you should be suing their corporation, your court case will be thrown out and you'll have wasted a fair bit of time and money. Second, it often helps to bring expert testimony into the court case to help the judge determine whether a contract was breached. This transforms a "he said, she said" case into a viable breach of contract case.
As a final reminder, remember that for small amounts, you can sue in small claims court. This saves considerable legal expense and generally leads to fast conflict resolution.