The cost to sue for breach of contract in Washington varies depending on several factors. For example, the complexity of the case, attorney fees, the amount of damages sought, court filing fees, and other common case expenses will all be factors that may impact the total cost to sue for breach of contract.
Examples of common costs that may impact the total breach of contract lawyer cost in Washington include:
- Filing Fees: If the complaint is filed in small claims court, the filing fees are relatively low (typically around $50 to $100)
- However, civil complaints that are filed in a higher court typically carry a higher filing fee
- Attorney Fees: Hiring an attorney can significantly increase the cost of a case as attorney fees can range from a few hundred to several thousand dollars, depending on the complexity of the case and the attorney’s hourly rate
- It is important to note that an attorney may also be retained on a contingency fee basis, which means that they may collect their fee out of the total amount of damages recovered instead of being paid hourly
- Court Costs: There may also be additional court costs associated with a breach of contract case, such as fees for serving legal documents, court reporters, and other administrative expenses
- Damages Sought: The amount of damages being sought can also impact the cost
- For instance, if you are seeking a large amount of money, the case may be more complex and require more legal work
- Legal Precedent: Washington law does not provide a specific formula for calculating contract damages, as such the amount you can sue for will depend on the specifics of your case and legal precedent
- Discovery Costs: If your case requires gathering evidence, such as conducting depositions or other forms of legal discovery, there may be additional costs for these services
- Miscellaneous Costs: Other potential costs include copying fees, expert witness fees, travel fees, mail fees, and other fees involved in handling a breach of contract case on a day-to-day basis
What Is a Breach of Contract Attorney, and Why Might You Need One?
A breach of contract attorney in Washington is a legal professional who handles cases where one party fails to fulfill their obligations under a contract. They seek to help clients understand their rights, navigate the legal system, and seek remedies for the breaches that may have resulted in them being damaged.
As far as what constitutes a breach of contract, a breach is what occurs when a party to a valid contract fails to fulfill their duties and obligations under the terms of the agreement. The terms of a contract guide the parties to the contract as to what they must do and how they must do it in order to maintain their end of the contract.
As such, if one party to the contract does not adhere to the terms of the contract, they will be considered to be in breach of that contract. When a breach occurs, the party that is not in breach of the contract will then be allowed to take legal action and can file a civil complaint against the breaching party for damages that they suffered from that party’s breach.
You may need a breach of contract attorney in any of the following situations:
- Contract Dispute: You are involved in a disagreement over the terms or performance of a valid contract you entered into
- Seeking Damages: You wish to recover financial losses caused by a breach of a valid contract
- Enforcing Terms: You need to compel the other party to fulfill their contractual obligations under a valid existing contract
- Legal Guidance: You require expert advice on contract law and legal strategies for a contract issue that you are experiencing
In general, there are three main ways in which a party may be held liable for a breach of contract include:
- Anticipatory Breach: An anticipatory breach occurs when the breaching party tells the non-breaching party that they will not be fulfilling the terms of their contract
- Minor Breach: A minor breach of contract is what happens when a party fails to perform a small detail of the contract
- Material or Fundamental Breach: Material or fundamental breaches are breaches where the breach is so substantial that it essentially cancels the contract and renders performance by either party impossible
Once a party is able to prove that a breach of contract has occurred, they will then be allowed to sue the breaching party for damages. In general, the most common type of damages awarded in a breach of contract action is compensatory damages.
The term compensatory damages covers both general damages and specific damages. General damages are damages that are meant to cover losses that are directly related to the subject matter of the contract, such as failing to deliver a set amount of product.
Specific damages are damages that are meant to compensate the non-breaching party for losses related to the breach but not resulting directly from the breach. For instance, damages that are related to a business’ reputation.
Once again, a breach of contract attorney is an attorney who represents a party involved in the above actions. A local attorney in Washington will be knowledgeable on everything mentioned above, and can also answer any questions you may have.
What Other Factors Cause the Costs of a Lawyer To Vary?
The costs of hiring a breach of contract lawyer can be impacted due to several factors:
- Location: Lawyers in larger cities or more affluent areas often charge higher fees than those in smaller towns or rural areas, such as lawyers in Seattle charging slightly higher fees overall
- Experience: More experienced lawyers with a proven track record of success in breach of contract cases may also charge higher fees than less experienced attorneys
- Complexity of the Case: Cases which involve multiple parties, large sums of money, or complex legal issues may require more time and resources, which may result in higher legal fees
- Billing Structure: As noted above, most attorneys charge hourly rates. However, others may offer flat fees or contingency fees where the lawyer only receives a percentage of any settlement or damages award
- Other Expenses: Other costs can also include expenses for things like filing fees, serving legal documents, court reporters, expert witnesses, etc.
What Services Do Breach of Contract Attorneys Provide?
As mentioned above, breach of contract attorneys provide legal services related to a breach of contract action. As such, they will be able to represent their client in pursuing or defending such civil complaints.
Examples of common services provided by a breach of contract lawyer include:
- Providing professional legal advice and devising a strategy that is tailored to their client’s specific breach of contract situation
- Preparing legal documents, such as breach of contract lawsuits, discovery questions, and responses, and ensuring all paperwork meets the legal requirements in Washington
- Negotiating directly with the other party or their attorney as an attempt to resolve the issues without the necessity of court intervention
- Representing their client’s interest in court by presenting their case, including introducing evidence, examining witnesses, and arguing on their client’s behalf
- Representing their clients in alternative dispute resolutions, such as mediation
- Conducting legal research to build a strong case for their client by analyzing laws and cases similar to their client’s case in order to develop an effective case strategy
- Otherwise, providing support and guidance to their clients throughout the contract dispute matter
What Are the Advantages of Hiring a Breach of Contract Lawyer?
The main advantage of hiring a breach of contract lawyer is that having a professional handle your legal issue allows you peace of mind to focus on your business or other matters. Examples of other advantages of hiring a breach of contract lawyer include:
- Experience in Contract Law: A breach of contract lawyer will have specific knowledge and experience in contract law, which can often be complex and filled with legal jargon or complex procedures
- Negotiation Skills: Lawyers are skilled negotiators and can help you reach a favorable settlement without going to court, which will then save you time and money
- Legal Representation: If your breach of contract case goes to court, having a lawyer ensures you have professional representation who can argue your case effectively
- Understanding of Statute of Limitations: Lawyers are aware of the time limits for filing a breach of contract claim and can help you file your lawsuit on time
- In Washington, the statute of limitations for breach of contract actions depends on the type of contract, with contracts involving the sale of goods, having a four year statute and other written contracts having a six year statute
- Resources: Lawyers will have access to legal resources, research tools, and a network of experts that can strengthen your case
Should I Talk to a Lawyer About My Breach of Contract Case?
If you are involved in a legal issue where you believe a breach of contract may have occurred, it may be in your best interests to consult with an experienced Washington breach of contract lawyer. LegalMatch can assist you in locating and setting up a legal consultation with an experienced breach of contract attorney in your area.
A breach of contract lawyer will be able to help you understand your state’s specific laws regarding contracts, as well as the types of damages that are available for a breach of contract action. They will also be able to review your contract in order to ensure that you entered into a valid contract.
Further, an attorney will be able to assist you in initiating a breach of contract action against the breaching party. Importantly, in Washington, you can be awarded attorney fees if you are successful in a breach of contract claim. Finally, a breach of contract lawyer can also represent you in court, as needed.
Jose Rivera
Managing Editor
Editor
Last Updated: Jan 7, 2025