When the Other Side Doesn’t Hold Up Their End

A contract is a promise the law will enforce. When someone breaks that promise — fails to deliver, doesn’t pay, or walks away from the deal — you may be entitled to compensation or other remedies. The contract dispute lawyers at Getz Collins and Associates help businesses and individuals in Calgary, Strathmore, and across Alberta enforce their agreements and respond when they’re accused of breaking one.

Contracts don’t have to be lengthy formal documents to be enforceable. A signed agreement, an exchange of emails, a verbal deal, or an established course of dealing can all create binding obligations.

What Counts as a Breach of Contract?

A breach happens when one party fails to do what they agreed to do without a lawful excuse. Common examples include:

• A customer or client who doesn’t pay for goods or services delivered;
• A supplier who fails to deliver, or delivers something that doesn’t meet the agreed standard;
• A party who walks away from a deal before performing;
• A breach of a specific term, such as a confidentiality, non-competition, or exclusivity clause; and
• Failure to meet deadlines that were essential to the agreement.

Not every breach is equal. A fundamental breach — one that defeats the whole purpose of the contract — gives the wronged party more options, including the right to treat the contract as over. A minor breach may only entitle you to compensation for the specific loss.

What You Can Recover

The goal of contract remedies is usually to put you in the position you would have been in had the contract been honoured. Depending on the situation, that may include:

• Damages — financial compensation for the loss the breach caused you;
• Specific performance — a court order requiring the other party to actually do what they promised, used where money alone isn’t an adequate remedy (often in real estate);
• Injunctions — a court order stopping a party from doing something that breaches the contract; and
• Rescission — unwinding the contract and returning both sides to where they started.

You have a duty to mitigate — to take reasonable steps to limit your losses. We help you document this properly so it doesn’t undercut your claim.

A Note on Time Limits

Most contract claims in Alberta must be started within two years.

Under the Limitations Act, RSA 2000, c L-12, you generally have two years from the date you knew, or ought to have known, that a breach occurred and caused you a loss. There is also a ten-year ultimate limitation period that applies regardless. Because the two-year clock often starts earlier than people expect, it’s worth getting advice as soon as a dispute looks serious.

Defending a Breach of Contract Claim

If you’ve been accused of breaching a contract, there are often strong defences: the contract may be unenforceable, the other side may have breached first, the terms may not mean what they claim, or they may have failed to mitigate their losses. We assess the agreement and the conduct of both sides before recommending a strategy.

Frequently Asked Questions About Breach of Contract

Is a verbal contract enforceable in Alberta?

Often, yes. Verbal agreements can be binding, though certain contracts (such as some involving land or guarantees) may need to be in writing to be enforceable. The practical challenge with verbal contracts is proving the terms, which is why documentation and surrounding evidence matter.

How long do I have to sue for breach of contract?

Generally two years from when you knew or should have known about the breach and the loss it caused, under the Limitations Act, subject to a ten-year ultimate limit. The two-year period can begin sooner than expected, so prompt advice is important.

What’s the difference between damages and specific performance?

Damages are money paid to compensate for your loss. Specific performance is a court order requiring the other party to actually perform their promise, granted where money alone wouldn’t adequately fix the harm — for example, in the sale of a unique property.

Do contract disputes have to go to trial?

No. Many are resolved through negotiation or mediation, which is usually faster and less expensive. We pursue settlement where it serves your interests while remaining ready to litigate when necessary.

Contact Getz Collins and Associates today — your partner in contract disputes. Contact Us | Calgary: 587-391-5600 | Strathmore: 403-934-2500