So, you have a valid contract with all the essential terms in it. You expect everything to work out fine but the other party is not living up to your expectations and, most importantly, their part of the deal. What options do you have? Well, being in this situation can be stressful as most individuals would just want the deal to go through and not have to fight. However, sometimes you may have to do the very thing you are not interested in doing. In this case… assert your rights in the contract. So, How should I Enforce a Contract?
Nonetheless, there is an option that does not necessarily involve getting adversarial. One such option is the demand/notice letter. With this option, you put the other side on notice they are not meeting their obligations with respect to the contract. At this point, you can give them an opportunity to get back on track (known in the legal world as curing the breach), or that you want out of the deal entirely. Otherwise, if the demand letter does not work then you’re left with the less desirable option of a lawsuit.
This less desirable option in enforcing a contract will involve getting adversarial, also known as suing the person. With this option, you can either seek damages (such as money) from the breaching party (or parties) not performing their obligations, or you can force them to do what they agreed to perform. Either way, the other party will be put on notice of the consequences of failing to perform.
Not sure which option is best for your situation? Give us a call. We’ll be able to determine the best course of action for you situation.