When a contract is broken, the consequences are real — lost revenue, damaged business relationships, and unrecovered investments. Latif Law represents businesses and individuals in breach of contract claims throughout Franklin County and Central Ohio.
A breach of contract occurs when one party to a valid agreement fails to perform a material obligation without a legal justification. Ohio courts require four elements to establish a breach of contract claim: (1) the existence of a valid contract, (2) performance by the plaintiff, (3) a breach by the defendant, and (4) resulting damages.
Not every deviation from a contract constitutes an actionable breach. Ohio law distinguishes between material breaches — which excuse the non-breaching party from further performance and support a damages claim — and minor breaches, which may entitle the non-breaching party to damages but do not discharge the contract. Courts analyze whether the non-breaching party received substantially what they bargained for.
Ohio also recognizes anticipatory breach — when one party clearly indicates before performance is due that they will not perform. When this occurs, the non-breaching party does not need to wait for the performance date to sue.
Vendors, contractors, and service providers who fail to deliver what was promised — or clients who refuse to pay for services rendered.
Disputes over the purchase or sale of goods, including failure to deliver, defective products, non-payment, and quantity or quality shortfalls.
Enforcing or defending against non-compete clauses under Ohio law, which scrutinizes geographic scope, duration, and legitimate business interest.
Disputes between owners, contractors, and subcontractors over scope of work, payment, defective construction, and project delays.
Breach of employment agreements, compensation disputes, severance agreements, and unlawful termination of contracted employees.
Failed closings, purchase agreement disputes, earnest money forfeiture, and failure to disclose defects in property sale contracts.
Disputes between business partners over distributions, management authority, buy-out provisions, and fiduciary obligations.
Default on promissory notes, disputes over repayment terms, and enforcement of guaranty agreements.
The most common remedy — money damages designed to put you in the position you would have been in had the contract been performed. Includes:
A court order requiring the breaching party to perform. Available when money damages are inadequate — most commonly in real estate contracts (where each property is unique) and contracts for rare or unique goods and services.
Cancellation of the contract and restoration of the non-breaching party to their pre-contract position. Often used when fraud, misrepresentation, or failure of consideration is involved.
A court order preventing a party from taking action that would cause irreparable harm. Critical in non-compete enforcement cases where the harm — loss of clients and proprietary information — cannot be fully remedied by money after the fact.
We analyze the contract, the parties' course of dealing, communications, and the breach. We assess the merits of your claim and the realistic range of recovery before recommending a litigation strategy.
In many cases, a well-crafted attorney demand letter — citing specific contract provisions and applicable Ohio case law — prompts a resolution without litigation. This preserves the relationship and minimizes cost.
Ohio courts in Franklin County often require or strongly encourage mediation before trial. Many contract disputes settle through direct negotiation or mediated sessions at a fraction of the litigation cost.
If negotiation fails, we file in the appropriate court. Claims under $15,000 go to Franklin County Municipal Court. Claims over $15,000 go to the Franklin County Court of Common Pleas (345 S. High St.), General Division.
We conduct targeted discovery — document requests, depositions, and expert witnesses where needed — and prepare a trial-ready case. Most commercial disputes in Franklin County Common Pleas resolve before trial, but we are prepared to try every case we take.
Written contracts: 8 years (R.C. §2305.06). Oral contracts: 6 years (R.C. §2305.07). Sales of goods under the UCC: 4 years (R.C. §1302.98). Some contracts specify shorter periods — always check your agreement. Missing a deadline bars your claim permanently.
A breach occurs when one party fails to perform a material obligation under a valid contract without legal excuse. Ohio courts examine whether a contract existed, whether the plaintiff performed, whether the defendant failed to perform, and what damages resulted. Minor deviations that do not defeat the purpose of the contract may not constitute a material breach.
Written contracts: 8 years (R.C. §2305.06). Oral contracts: 6 years (R.C. §2305.07). Contracts for the sale of goods under the UCC: 4 years (R.C. §1302.98). Many commercial contracts specify shorter limitation periods in the agreement itself — read your contract carefully.
Ohio follows the 'American Rule' — each party pays their own attorney fees unless the contract has a fee-shifting clause, a statute authorizes fees, or bad faith is shown. Many commercial contracts include attorney fee provisions. If yours does, it typically applies to both parties, so fee recovery is possible if you prevail.
Ohio contract damages are designed to give you the benefit of your bargain: expectation damages (lost profits and value), consequential damages (foreseeable downstream losses), and incidental damages (costs of dealing with the breach). Punitive damages are generally not available for breach of contract in Ohio unless fraud or tortious conduct is also present.
Not for most agreements. Oral contracts are enforceable, but harder to prove. Ohio's Statute of Frauds (R.C. §1335.05) requires written agreements only for real estate transactions, agreements that cannot be performed within one year, and a few other specific categories.
Schedule a consultation to review your contract and discuss your options. We serve businesses and individuals throughout Franklin County and Central Ohio.