When the terms of a contract are unfulfilled by one or more parties a contract is said to be "breached" or the party is said to be in "non-performance". Unless both parties have agreed to changes in the terms of the contract, or the actions of one party have implicitly been accepted by the action (or non-action) of the other party, all terms of a contract must be honored.
Obvious non-performance is a simple matter. Breach of Contract becomes more difficult to pursue when the case turns on issues of the quality of materials or service and the timely completion of a contract.
Breach of contract leaves the nonperforming or improperly performing party open to a claim for damages by the other party. The non-breaching party is relieved of their obligations under the contract by the other party's breach. If you feel you've been the victim of non performance or breach of contract click here to set-up an appointment for a free consultation.