By Jeana Goosmann, Goosmann Law Omaha
When a business deal goes sideways, it’s not just frustrating — it can cost you time, money and valuable relationships. At Goosmann Law Firm, we see breach of contract litigation every day, and one thing is clear: winning these cases takes more than just pointing a finger. It takes strategy, preparation and a deep understanding of both the law and the facts.
Whether you’re the wronged party or trying to defend against a claim, here’s what your business needs to know before heading to court.
The Anatomy of a Breach of Contract Claim
Every successful breach of contract case hinges on four key elements:
- A Valid Contract – Written or oral, there must be a binding agreement between the parties.
- Performance by Your Business – You must show you upheld your end of the deal (or had a legal excuse not to).
- The Other Side’s Breach – The opposing party failed to perform their obligations under the contract.
- Damages – You suffered harm because of that breach — lost sales, disrupted operations or financial losses.
Miss even one of these elements, and your claim could fall flat.
What You Should Do Before Filing Suit
Winning in litigation starts long before you step into a courtroom. Before filing a breach of contract claim, smart businesses and their legal teams:
- Review all related documents — Not just the contract but emails, texts, invoices, calendars, purchase orders and any amendments or side agreements.
- Gather facts and timelines — Understand the full story from negotiation through performance to breach.
- Ensure all pre-suit requirements are met — Many contracts require advance notice or a chance to cure the breach before you can sue.
Anticipate Defenses Before They’re Raised
A well-crafted complaint doesn’t just assert your position — it heads off the other side’s counterpunch. Expect common defenses like:
- “We didn’t have a valid contract.”
- “You breached first.”
- “You didn’t mitigate your damages.”
- “The claim is barred by the statute of limitations.”
Preparing for these arguments from the start strengthens your position and keeps you in control of the narrative.
Don’t Overlook Procedural Pitfalls
Even rock-solid cases can unravel because of technical missteps. Our team always considers:
- Jurisdiction and forum selection clauses.
- Choice of law provisions.
- Standing and corporate capacity issues.
- Alternative dispute resolution requirements (like mediation or arbitration clauses).
Bottom Line: Be Strategic, Not Just Reactive
Contract disputes are more than legal squabbles — they’re business turning points. At Goosmann Law Firm, we help clients make strategic decisions that protect their brand, their bottom line, and their future growth.
Thinking about litigation? Don’t wait until after the damage is done.