In Oklahoma, contracts form the foundation of countless business and personal relationships. Whether you’re hiring a contractor, leasing property, or forming a business partnership, having a clear and enforceable contract is key. But when one party fails to live up to their side of the bargain, it may result in a breach of contract. Understanding what constitutes a breach—and what your legal options are—can help you protect your interests if a deal goes sideways.
What Is a Breach of Contract?
A breach of contract occurs when one party fails to perform a duty or promise outlined in a valid agreement. The breach may involve failing to pay on time, not completing work as agreed, delivering subpar results, or violating a key term of the contract.
Under Oklahoma law, a valid contract typically requires:
- An offer and acceptance
- Consideration (something of value exchanged)
- Mutual agreement
- Legal capacity of the parties
- A lawful purpose
If all these elements are present and one party does not uphold their end of the bargain, the other party may have grounds to sue for breach.
Types of Breaches in Oklahoma
Not all contract breaches are treated equally. Oklahoma courts generally recognize the following types:
Material Breach
A material breach is a significant violation that affects the fundamental terms of the agreement. For example, if a contractor agrees to build a garage and never shows up, that would be a material breach. This type of breach often allows the non-breaching party to terminate the contract and seek damages.
Minor (Partial) Breach
A minor breach involves a smaller issue that doesn’t defeat the contract’s overall purpose. For instance, if a service provider is a day late delivering work but the delay causes no harm, it may still constitute a breach. However, the legal remedy is likely to be nominal damages.
Anticipatory Breach
An anticipatory breach happens when one party indicates, either through words or actions, that they do not intend to fulfill the contract before their performance is due. If this happens, the non-breaching party may treat the contract as breached and take immediate legal action.
What Do You Have to Prove?
To win a breach of contract claim in Oklahoma, you typically must show:
- A valid, enforceable contract existed
- You performed your obligations (or had a valid reason not to)
- The other party failed to meet their contractual duties
- You suffered damages because of the breach
If these elements are proven, courts may award monetary damages, attorney’s fees, order specific performance (requiring the breaching party to fulfill their obligations), or cancel the contract altogether.
When Should You Speak to a Lawyer?
Some breaches can be resolved informally with communication or negotiation. However, when the financial impact is substantial or the relationship has deteriorated, legal action may be necessary.
An experienced Oklahoma contract attorney can:
- Review the contract for enforceability
- Help you gather evidence of the breach
- Send a demand letter
- Represent you in mediation or litigation
- Defend you if you’re accused of breaching a contract
Tulsa Contract Law Attorneys
We assist individuals and businesses throughout Oklahoma in resolving breach of contract issues promptly and efficiently. Whether you’re enforcing your rights or defending against a claim, our team at Tulsa County Lawyers Group, can help. Get a free consultation from an attorney by calling 918.379.4864, or you can ask an online question by following this link.
