Can You Sue for Breach of Contract?

You can, but you should make sure that you have all the elements met and understand what litigation entails.

Contract litigation can be messy, especially without a well-drafted contract.

We can help your practice stay on top of the latest healthcare news, rules, regulations and trends.  Subscribe to stay current and up to date on important matters that will impact your practice.  (To subscribe to our blog ).

Many employers and employees sign contracts for a variety of things – services, products, software, employment, vendors, etc.

So what do you do if the other party isn’t holding up their end of the deal?

First, it is essential that you fully understand your contract. If you fully negotiated your contract with an attorney, the terms should be clear regarding what happens when a breach occurs.

Is there a cure period for the other party to fix any issues? Can you terminate? Are their liquidated damages?

Make sure your attorney walks you through the various contract terms and implications.

There may be dispute resolution terms in your contract, so before filing a lawsuit, make sure you know what remedies are set out in the agreement.

Next, you need to understand the elements.

To prove a breach of contract claim, a party to the contract needs to show:

  • A contract existed,
  • The other party breached the contract, and
  • The breach caused damages.

However, in Michigan, the law is that the party who committed the first substantial breach of contract cannot sue the other party for failure to perform. This means that you can’t allege breach, if you substantially breached first.

Walk your attorney through the breach and the damages that you are experiencing so they can help you draft an adequate complaint (the document that starts the lawsuit).

Finally, if you are accused of breaching a contract, contact your attorney immediately.

We publish vital information on health law topics and news every Wednesday and Friday. To get this important information delivered directly to your mail box, 

Do you need help with updating your Business Associate Agreement or negotiating contracts with third-party vendors?  We can help. Contact us today about your Business Associate Agreement, your vendor contracts or your other legal needs!

Related Posts


Recent Posts

Getting Remarried? Here’s What You Need to Know
March 21, 2024
What is the Biggest Threat to Healthcare?
January 30, 2024
How Can I Simplify Estate Planning?
January 11, 2024
I Have a Trust. Now What?
December 7, 2023
Breaking: Corewell Health Breach
December 5, 2023


Subscribe to Our Newsletter

Subscribe and get your FREE copy of Easy Guide to HIPAA Risk Assessments

An essential tool for all healthcare providers, Easy Guide to HIPAA Risk Assessments breaks down the requirements of HIPAA so you can successfully complete your required risk assessment. (an $8.99 value)

Thank you for subscribing to the Rickard & Associates healthcare blog. You'll receive a confirmation email shortly. After verifying your subscription request, you'll be sent to the "Easy Guide to HIPAA Risk Assessments" download page.