We lawyers at McGrath and Spielberger, PLLC deal with contracts every day. Most of those legal agreements have at least one time deadline, while some contracts have numerous deadlines.
How often does a party to a contract miss a deadline stated in the agreement between the parties? It happens many times, every single day. What a party under contract can do and/or should do related to a missed deadline is impacted by many factors. Let’s examine some of the key factors, raised in the form of questions below.
- Did you miss the deadline, or did another party to the contract?
(For purposes of the remainder of this article, let’s operate as if the other party missed the deadline.) - Did the other party give you advanced notice that the deadline would be missed and/or a reasonable explanation as to why?
- As discussed in another one of our articles, was the deadline stated in the contract to be one for which “time is of the essence”?
- Is the fact of the missed deadline particularly important, including whether it has caused or is causing significant, measurable damages to you?
- Have you provided formal, written notice of the missed deadline, perhaps including that the same is a breach of contract?
- Is there a time period in the contract during which the other party can “cure” the problems caused by the missed deadline and/or cure a breach of contract?
- Do you want – or need – the relationship with the other party to continue?
- If significant damages have been caused, is there a way to fix that without the situation becoming adversarial, including without threat of a lawsuit or an actual lawsuit?
- Does the missed deadline impact your duties under the legal agreement, possibly including whether you are still required to carry them out or the timing of doing so?
- Does the contract specifically state what the consequences are or might be due to such a missed deadline, or perhaps due to a breach of contract in general?
- Is the situation serious enough, potentially including the amount of damages caused, for you to retain (and pay) a lawyer?
The answers to these and other questions will play a crucial role in determining: (1) what you can do; and (2) what you should do. Your possible options are the subject of a related article by our law firm.
Don’t hesitate to contact our law firm for contract legal services, such as drafting, editing, analyzing, negotiating, and disputes.