Breach of Contract in Maryland
Breach of contract is the legal cause of action in Maryland in which one party sues a contracting party for that contracting party’s failure to perform obligations under an established contract. In Maryland, almost all breach of contract disputes will be litigated in the Maryland District Court or Maryland Circuit Court. A contract is merely an agreement that creates a legally-enforceable obligation between one or more of the parties, and in Maryland, a legally-enforceable contract can be either oral or written. However, in Maryland, some types of contracts must be written to be enforceable. If one contracting party fails to fulfill one or more of its obligations, then the other contracting party may bring legal action in Maryland courts to protect their rights under that agreement.
Most people enter into contracts every day both in their personal lives and in the business world. Whether through signing up for a new social media account, purchasing tickets to a sporting event, or signing a release for whitewater kayaking, individuals enter contracts on a regular basis. Contracts can be complicated and difficult to understand, and disagreements often result regarding the terms of a contract and the obligations of the parties. When a contract dispute arises — whether a dispute over the existence of a contract, the accusation of a breach of contract, or other dispute — parties often resort to a breach of contract lawsuit in court. Alternatively, when the existence of an actual contract cannot be shown, a party will often, instead, seek damages through the Maryland cause of action called unjust enrichment.
Breach of contract disputes in Maryland often turn on credibility and evidence. A Maryland court’s determination of whether a party is liable in a breach of contract action often turns on evidence establishing whether that the contract existed or whether the obligations under the contract were actually fulfilled. If the contract is oral (and it is a type of contract than can be made without a writing), then, as the Maryland Court of Appeals has stated, “The parties must express themselves in such terms that it can be ascertained to a reasonable degree of certainty what they mean. If the agreement be so vague and indefinite that it is not possible to collect from it the intention of the parties, it is void because neither the court nor jury could make a contract for the parties.” (Robinson v. Gardiner).
Further, it is also important to note that Maryland courts apply the “objective rule” of contracts to interpret a contract. This Maryland contacts rule states that the written language directly within the terms of a written agreement will govern the rights and liabilities of the parties, “irrespective of the intent of the parties at the time they entered into the contract.” (Slice v. Carozza Properties, Inc.). Further, Maryland courts employ the fundamental rule of contract construction that the entire contract, and each and all of its parts and provisions, must be given meaning, and force and effect, if such meaning can reasonably be done. As the Maryland Court of Special Appeals explained: “An interpretation which gives reasonable meaning to all its provisions will be preferred to one which leaves a portion of the writing useless or inexplicable.” (Deleon Enters., Inc. v. Zaino).
Longman & Van Grack’s contract lawyers and commercial litigation attorneys in our Bethesda Office and Rockville Office are experienced in all types of contract disputes in Maryland. Longman & Van Grack’s contract dispute attorneys’ primary goals are to resolve your contract dispute as quickly and efficiently as possible. Consequently, our contract attorneys vigorously attempt to resolve our client’s legal contract disputes prior to an actual trial. We strongly encourage resolving all types of contract disputes through alternative dispute resolution (such as mediation, arbitration, and settlement) if possible. However, if necessary, our Maryland contract attorneys and commercial litigation attorneys have all the necessary skills and experience to litigate breach of contract disputes at trial in Maryland courts.
If you would like to speak to Adam Van Grack or one of our other Maryland contract attorneys about a matter, Mr. Van Grack and our other contract lawyers and business attorneys will take time to thoroughly review your matter and the contract dispute at issue to determine what the respective parties’ contractual responsibilities are and if liability exists. Our Maryland contract disputes and commercial litigation legal team will guide you on the best course of action for an efficient and smooth resolution. Specifically, Longman & Van Grack’s contract attorneys have handled Maryland breach of contract disputes and contract lawsuits in Montgomery County Circuit Court (in Rockville, MD), Frederick County Circuit Court, Prince George’s County Circuit Court (in Upper Marlboro, MD), Howard County Circuit Court (in Ellicott City, MD), Baltimore County Circuit Court (in Towson, MD), Baltimore City Circuit Court, and, the Maryland Appeals Courts (in Annapolis, MD). Contact Mr. Van Grack or our other attorneys at (301) 291-7156 for a contract dispute attorney consultation today at one our Maryland Offices (Rockville, Bethesda, Montgomery County).
