The Virginia Government Contractor Attorneys of MartinWren, P.C. have experience handling high-stakes litigation involving government contractors, their competitors, and their employees. The United States government and state governments have increased the use of government contracting opportunities for private businesses, and that increased involvement of private entities in the public realm has given rise to a litany of legal disputes. We have successfully represented clients through a number of such legal disputes, including through jury trials, and we are aware of the inherent difficulties when trying to resolve complicated disputes between government contractors.
Our civil litigation lawyers in Virginia have specific experience handling breach of contract claims arising out of a variety of contracts, including sales and asset purchase agreements, teaming agreements, employment contracts, equity incentive agreements, and others. We have also handled tort-based claims related to accounting disputes, business conspiracy counts, fraud claims, unfair competition, piercing the corporate veil claims, and conversion claims.
Anticipatory Breach of Contract
When one party of a contract states that they will not perform their duties or provide their goods or services as they had promised in the contract, this is considered a breach of contract, or a breaking of the contract. An unconditional refusal to perform duties as outlined in the contract is specifically known as a “repudiation” of the contract.
If someone you are in a contract with indicates either verbally or through actions that they will not perform their duties as outlined in your contract, you should speak with VA Government Contractor Attorneys as soon as possible. When this happens, it is considered an anticipatory breach of contract. We encourage you to speak with our legal team at MartinWren, P.C. right away to see how we can help you with an anticipatory breach of contract.
For a legal consultation with a personal injury lawyer, call 434-817-3100
The 3 Types of Repudiation
It is possible for the person who repudiated the contract in the first place to later take it back. For example, if Party A relied on Party B to ship them a car, but Party B’s truck broke down and they could not deliver the car, the contract was repudiated because Party B could not deliver. However, if Party B fixed the truck and could deliver the car and Party A did not go and get the car from another dealership, it is possible to retract the repudiation.
Under contract law, there are typically three types of repudiation:
- Certain actions may make it impossible for a party to live up to their end of the agreement. For example, if one party agrees to provide products to another company but they handled their business so poorly that they went out of business before they could provide the goods to the first party, their poor handling of their business is considered a repudiation of the original agreement.
- One party expressly tells you that they will not live up to their end of the contract. This is perhaps one of the most obvious forms and can happen when Party A tells Party B that they are choosing not to go through with their end of the contract.
- When a contract involves selling a property, if the person selling the property makes a deal to sell it to you but then (without telling you) sells it to another, the contract has been repudiated. This can occur even without the seller expressly telling you.
Note About Mitigating Costs
It is important to note that a court requires the non-breaching party to act swiftly when the breaching party does not fulfill their end of the bargain. For instance, if the non-breaching party was given enough notice about the repudiation of the contract, they should be able to mitigate damages so that they can find another party to enter a contract with. This can reduce the monetary damages in a breach of contract lawsuit.
Alternative Services at MartinWren, P.C.
Government Contractor Attorneys in VA are willing to consider alternative fee arrangements, including contingency fees, depending on the type of dispute, the stakes involved, and the matters at hand. We are typically open to such arrangements only when the dispute at hand is seeking monetary relief, or perhaps if the contract or statute at issue provides for an award of attorneys’ fees to the prevailing party. We would be happy to discuss the possibility of such a representation on a case-by-case basis.
Representing More Than Only Companies
Our representation is not just limited to companies. We have also represented employees entangled between warring government contractors due to their desire to seek alternative employment despite a variety of employment and intellectual property contracts, such as noncompetes, non-solicitations, non-piracy, non-disclosure, or a host of other confidentiality agreements. Depending on the circumstances, we may be able to assist government contractor employees and contractors in injury claims.
Wide Range of Experience
We firmly believe that most cases should settle, and we have experience presenting matters at mediation, negotiations, and through arbitration to reach a favorable resolution outside of court. Should that not succeed, however, we are prepared to represent our clients in extensive and multi-day jury trials. We are familiar with managing electronically stored evidence in document-intensive cases to find the documents and evidence that will support your claims or defenses, and our trial lawyers will utilize the latest trial technology to present your case to a judge or jury.
Advantages to Hiring Our Team
Perhaps the biggest advantage MartinWren, P.C. offers to government contracting clients and other parties is our ability to provide effective representation in a cost-efficient manner. Our attorneys’ hourly rates are more competitive than D.C. rates, and our relatively close distance to DC and Northern Virginia makes our involvement in these cases possible. This is especially true with the growing use of electronic filing in the federal and state courts, and we have been able to seamlessly represent our clients in these locations.
When you have entered a contract with someone and they do not fulfill their end of the deal, speak with a member of our legal team promptly to discuss the best way to approach this breach. If you are a government contractor or an employee of a government contractor and you are seeking experienced and cost-effective representation for your litigation matter, please contact Virginia Government Contracts Attorney Robert E. Byrne, Jr. at (434) 817-3100 or by email at [email protected]
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