Lamothe Business Litigation Attorneys

New Orleans Breach of Contract

Keeping a business moving depends upon contracts. Almost everything a business does involves a contract whether it sells the raw materials or when it sells its products or services. When one party fails to fulfill its obligations under a contract, the consequences can be severely damaging.

If you’ve suffered a financial loss due to a breach of contract, the attorneys at Lamothe Law Firm can work with you to bring your conflict to a successful resolution.

Business disputes almost always involve a breach of contract. When one party fails to live up to the terms
of a commercial contract, a civil lawsuit leading to a negotiated settlement or to a trial is often the best –
and often the only – way to successfully resolve the dispute.

Breach of Contract is the most common type of business claim.


While nearly every contract spells out precisely the terms under which a product or service must be delivered, few contracts specify the penalties to be incurred when a party fails to uphold their end of the agreement. When a breach of contract happens and there is not a contractually-mandated penalty, the injured party should immediately speak with a qualified business trial attorney.

An experienced business trial attorney will be able to help define what type of damages would be appropriate to seek and what forms of compensation will make the most sense, given the situation.

Damages Available for Breach of Contract

Specific Performance: The court orders contractual performance to be executed. This remedy is very common with transactions involving real property, especially real estate.

  • Liquidated Damages: Your contract may spell out what an injured party gets in the event of a breach.
  • Incidental Damages: Money awarded to compensate the plaintiff for reasonably associated or foreseeable damages.
  • Compensatory Damages: Money awarded to compensate you for your damages.
  • Loss of Use: A financial sum given based on the time it takes to repair the damage done by the breach.
  • Loss of Credit: If your company suffered a loss of credit or was forced into bankruptcy as a result of the breach, you can receive financial compensation.
  • Rescission: A remedy in which any money or other valuable consideration given is returned, and both parties agree that they are no longer obligated to each other under the contract.
  • Restitution: A two-way return of valuable consideration, wherein each party is restored to their position prior to the contract.

Let Our Experienced Business Trial Lawyers Help You


Louisiana Association for Justice (Board of Governors 2009-2010)
–Past Chair of the Business Torts Section

American Association of Justice – Member
–Past Chair of the Business Torts Section

American Bar Association – Member
–Past Co-Chair of Fiduciary Duties Subcommittee of the Business Torts Committee
–Business Torts Committee – Member
–Litigation Section – Member


“Proving Economic Loss in Business Cases,” Louisiana Advocates
“Unfair Trade Practices in Louisiana”
“Breach of Fiduciary Duties in Louisiana”
–“Business Interruption Insurance”
–“Effective Direct Examination of Experts”
–“Strategy and Tactics in Settlement Negotiations”
–“The Art of Negotiation”
–“Ethics and Cross Examination”
–“The Art of Negotiation”
–“Ethics and Cross Examination”


  • -Corporate Counsel Edition of Super Lawyers 2010 – Select Listing in Business
  • -Martindale-Hubbell AV Preeminent ranking for 35 years
  • -New Orleans CityBusiness Leadership in Law 2014, 2015

Frank Lamothe, one of the most well-known trial lawyers in the country,
leads a team of successful, aggressive business trial lawyers.

If you have been harmed by a breach of contract, call us at 504-704-1414

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Lamothe Law Firm Best Lawyers 2018
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American Board of Trial Advocates
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2018 CityBusiness Leadership in Law Award