Equal Justice Solutions

Equal Justice Solutions | High-Stakes Public Interest Law Firm

Delaware Breach of Contract Lawyers

Resolving Your Breach of Contract Dispute With a 100% Satisfaction Guarantee or You Pay Nothing

Every day, Delaware businesses face significant financial losses when contractual partners fail to fulfill their obligations.

A huge percent of mergers and acquisitions in Delaware result in post-merger litigation, with contract breaches representing a substantial portion of these cases.

Companies often underestimate the devastating impact contract breaches can have on their operations, reputation, and bottom line.

The financial consequences of contract breaches can be staggering, with damages in Delaware breach of contract cases sometimes reaching into the millions of dollars.

When business agreements crumble, the resulting disruption threatens everything you’ve worked to build.

Without proper legal representation, your company remains vulnerable to predatory business practices that can drain resources and derail your business objectives.

Why Delaware Contract Disputes Are Uniquely Challenging

Delaware contract disputes present exceptional complexities that businesses frequently overlook until it’s too late.

Delaware’s status as the corporate home to over 60% of Fortune 500 companies creates a highly specialized legal environment with unique precedents and procedures.

Complex Corporate Governance Issues

Delaware courts apply distinctive standards when evaluating breaches involving fiduciary duties and corporate governance matters.

The Delaware Court of Chancery, a specialized business court, maintains specific procedural requirements that differ significantly from other courts, requiring specialized knowledge to navigate effectively.

Jurisdictional Complications

Multi-state operations frequently complicate breach of contract claims, as determining proper jurisdiction becomes a preliminary battle that can delay justice.

The application of Delaware law versus other state laws can dramatically alter the outcome of your case, particularly regarding damages calculations and statute of limitations.

Technical Contract Interpretation

Delaware courts apply specific principles of contract interpretation that may differ from other jurisdictions, including the objective theory of contracts that focuses on the plain meaning of agreement terms.

A three-year statute of limitations applies for most written contract claims in Delaware, but legislation passed in 2014 extends this period to 20 years for contracts valued at $100,000 or more—the longest such period in any state.

Damage Assessment Challenges

Proving and quantifying damages in Delaware courts requires sophisticated financial analysis, especially in cases involving lost profits or business opportunities.

The Delaware Supreme Court has established specific standards for calculating damages in breach of contract cases, including detailed requirements for establishing expectation damages.

Strategic Opposition Tactics

Opposing parties frequently employ delay tactics to exhaust your resources, knowing that prolonged litigation favors those with deeper pockets.

Corporate defendants often leverage procedural technicalities to obstruct legitimate claims, requiring specialized knowledge to overcome these obstacles.

The Obstacles Standing Between You and Fair Compensation

Recovering damages in Delaware breach of contract cases involves jumping through several hoops.

Burdensome Proof Requirements

Plaintiffs must establish all elements of a breach claim with clear and convincing evidence, creating a high bar for recovery.

Many Delaware courts require detailed documentation of damages, refusing to award speculative damages even when a breach clearly occurred.

Delaware follows the “but-for-the-breach” standard of damages, requiring plaintiffs to prove precisely what would have happened absent the breach.

Technical Procedural Hurdles

Defense attorneys exploit procedural rules to delay or dismiss legitimate claims before they reach the merits phase.

Motions to dismiss based on technical pleading deficiencies are common tactics used to derail breach of contract cases.

Contract Language Interpretation

Ambiguous contract language often leads to protracted battles over intent and meaning, delaying resolution.

Delaware courts apply specific rules of contract construction that may differ from other jurisdictions, creating traps for the unwary.

Costly Expert Requirements

Complex damage calculations frequently require expert testimony, adding significant expense to litigation.

Courts often reject damages calculations that appear speculative, even when based on reasonable projections.

Strategic Opposition

Defendants frequently leverage “efficient breach” arguments, claiming that breaking the contract and paying damages was more economical than performance.

Corporate defendants may use their superior resources to overwhelm plaintiffs with discovery requests and procedural motions.

Our Transparent & Ethical Approach to Breach of Contract Cases

At Equal Justice Solutions, we understand the serious implications contract breaches have on your business. Our approach combines legal expertise with practical business strategy.

We don’t just litigate—we develop comprehensive strategies designed to achieve your business objectives efficiently and effectively.

Our team’s experience in Delaware courts positions us uniquely to navigate the specialized procedures and precedents that define this jurisdiction.

We begin with an exhaustive legal analysis that identifies all relevant legal issues and determines the essential elements needed to prove each claim.

Before filing suit, we conduct a rigorous pre-suit investigation, gathering critical evidence that strengthens your position from day one.

Every complaint we prepare undergoes comprehensive research to ensure it withstands initial challenges like motions to dismiss.

While most cases settle before trial, we prepare each case as if it will go to court, positioning you for the strongest possible settlement leverage.

Beyond traditional litigation, we explore all avenues for leverage, including strategic communication with regulators and engagement with key stakeholders.

Our Breach of Contract Services

Contract Dispute Resolution

initial demand letters through trial and appeal.

Our team conducts thorough contract analysis to identify strengths, weaknesses, and optimal legal strategies for your specific situation.

Delaware Superior Court Litigation

As specialists in Delaware Superior Court procedure, we navigate the complex rules and precedents that govern contract disputes in this forum.

Our experience extends to handling jury trials in Delaware Superior Court, where successful presentation requires specialized knowledge and skill.

Delaware Court of Chancery Proceedings

We offer specialized representation in Delaware’s unique Court of Chancery, particularly for cases involving equitable remedies such as specific performance.

Our team has extensive experience with the specialized procedures and precedents of this world-renowned business court.

Material Breach Assessment

We provide expert analysis to determine whether a breach rises to the level of “material breach” under Delaware law, which affects available remedies.

Our attorneys thoroughly examine how Delaware courts have interpreted similar breach situations to strengthen your legal position.

Breach of Fiduciary Duty Claims

We handle complex cases involving breaches of fiduciary duties, often intertwined with contract breach claims in business relationships.

Our experience extends to partnership disputes, shareholder conflicts, and corporate governance issues that frequently arise alongside contract breaches.

Non-Disclosure Agreement Enforcement

We specialize in enforcing confidentiality agreements and preventing unauthorized disclosure of proprietary information.

Our team develops strategies to protect your business interests when confidential information has been compromised.

Our Satisfaction Guarantee

If you read our strategic memo and think we’re off base—you fire us, and we don’t charge you a dime.

A Smarter Approach to Business Law: Results, Not Billable Hour Games

✅ 20-Hour Business Legal Power Pack—100% Refundable

  • Your 20-hour retainer is held in a separate account in your name.
  • If at any time you are not satisfied, you may withdraw your funds—no questions asked.
  • No other Delaware business lawyer offers this level of confidence in their work.

✅ A Clear Legal Strategy in 20 Days (Excluding Sundays)

✔ A written legal strategy tailored to your business.
✔ A preliminary investigation into key legal issues.
✔ A transparent cost estimate—so you can plan accordingly.
✔ An evaluation of alternative fee structures—hourly, hybrid, or contingency, based on what makes sense for your business.

✅ Limited to 5 Clients Per Month

  • We focus on quality over quantity—ensuring that each client receives dedicated legal attention.

✅ Discounts for Small Businesses & Public Benefit Corporations

  • If your small business aligns with our values, you may qualify for a discount of up to 50%.
  • If you are a Public Benefit Corporation, your legal fees support impact litigation for tenants, civil rights plaintiffs, and small businesses in need.

We Do Not Represent Bad Actors

We don’t take every case. If your goal is to exploit consumers, violate workplace rights, silence whistleblowers, or crush small businesses, we are not the right firm for you.

We do not accept cases involving:

If your business operates with integrity and fairness, we would be honored to serve as your counsel.

Built on Mission, Driven by Justice

We are a faith-based, public benefit law firm. That means:

  • We practice law as a vocation, not just a business.
  • We serve as a vessel for justice, not a tool for evasion.
  • We represent the underdog when the law—and conscience—are on their side.
  • Your legal bills help support our mission of providing legal services to the poor, vulnerable, and others who may not be able to otherwise afford an attorney. This includes our pro bono program.

 

Our faith guides us to speak truth, act justly, and walk humbly (Micah 6:8). That doesn’t mean every client shares our beliefs—but it does mean we’ll never compromise our integrity, even under pressure.

Our lawyers are trained at elite institutions, battle-tested in real litigation, and committed to the highest standards of excellence.

Our Case Results

$3.9 million judgement

In a recent, confidential case, our team engaged in alternative dispute resolution for a complex contract case involving abuse of a commercial licensing agreement. In just 20 hours of legal work, resulted in a $3.9 million judgment against our opponent–representing 85% of our client’s initial demand.

This demonstrates the power strong initial research, an organized and hard-hitting demand to get a quick, clean resolution for our client.

FAQs About Contract Disputes

What constitutes a material breach of contract under Delaware law?

Under Delaware law, a material breach occurs when a party’s failure to perform substantially defeats the purpose of the contract. Delaware courts evaluate factors such as the extent of performance received, the feasibility of compensation for the part not performed, and whether the breaching party acted in good faith.

For written contracts, Delaware generally applies a three-year statute of limitations under 10 Del. C. § 8106. However, for contracts valued at $100,000 or more, Delaware law allows parties to extend this period up to 20 years—the longest such period in any state.

In Delaware, the “American Rule” typically requires each party to pay their own attorneys’ fees unless the contract specifically provides for fee-shifting or exceptional circumstances warrant fee awards under court discretion.

Delaware law typically allows recovery of expectation damages (putting you in the position you would have been in had the contract been performed), reliance damages (compensating for losses incurred in reliance on the contract), and possibly consequential damages if they were foreseeable at the time of contracting.

Delaware courts generally require fraud claims to be distinct from contract breach claims, with additional elements of knowing misrepresentation and reliance. When both are present, damage calculations may be approached similarly, focusing on economic harm rather than punitive measures.

While most breach of contract cases settle before trial, the strength of your legal position significantly impacts settlement terms. Preparing each case as if it will go to trial positions you for the most favorable settlement.

We take a strategic approach to settlement, evaluating the full range of business and legal factors. Our preparation for trial strengthens your negotiating position, often leading to more favorable settlement terms than an early rush to compromise.

Take Action Now to Resolve Your Breach of Contract

Contract breaches can threaten everything you’ve built. Don’t let a broken agreement derail your business objectives.

With our transparent, refundable 20-Hour Legal Power Pack, you can obtain elite legal representation with zero risk.

Contact Equal Justice Solutions today to schedule your consultation and take the first step toward resolving your contract dispute.

Call us now or complete our online form to begin resolving your breach of contract dispute today.


Equal Justice Solutions Business Litigation with Integrity. Strategy You Can Trust. Standing up for entrepreneurs, partners, and investors—without compromising values.