How to Avoid Breach of Contract

Understanding how to avoid breach of contract is important if you are entering into agreements that affect your business, family matters, or personal arrangements. A breach can lead to costly disputes, damage relationships, and result in legal risks. At Linley Welwood, our lawyers help clients navigate contract issues and protect their interests under British Columbia law. That is why we have outlined practical steps on how to avoid breach of contract to help you maintain solid agreements.

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How Can You Prevent a Breach of Contract?

A breach occurs when one party fails to meet the terms agreed upon in a contract. To avoid this situation, there are proactive measures you can take at each stage of the contract process. Below are key strategies that help reduce the risk of disputes and support clearer expectations for all parties:

Start With a Clear Written Contract

Contracts should clearly state the rights and obligations of each party. This includes specifying what services or goods are expected, timelines, payment terms, how disputes will be handled, and what happens if someone fails to meet their obligations. Having clear language is especially important in avoiding construction disputes, as it provides a reference for what was agreed upon and what remedies may apply. In British Columbia, even verbal agreements can be legally enforceable under certain conditions, but written contracts offer stronger proof of the terms agreed upon.

Communicate and Keep Records

Maintain open and regular communication with the other party to stay aligned on expectations and progress. If something changes or becomes unclear, address it in writing so there is a record. Keeping copies of emails, letters, and contract amendments helps prevent disputes by providing evidence of agreements and changes. Good documentation can also help resolve potential issues before they grow into breaches.

Review Obligations Regularly

Check your obligations under the contract throughout its term. Regular review helps you spot any potential problems early and allows you to make adjustments or discuss solutions with the other party. This ongoing attention reduces the chances that obligations are overlooked or misunderstood, which is particularly important in employment contracts to maintain a smooth working relationship.

Include Cure Periods in the Contract

Many contracts should include provisions requiring that, before any formal legal action is taken for a breach, the non-breaching party must give written notice of the breach and allow the other party a specified period of time to correct, or “cure,” the issue. These notice and cure provisions are common in commercial, construction, and employment contracts and are designed to promote fairness and practical problem-solving by giving parties an opportunity to remedy deficiencies before the contract is terminated or legal remedies are pursued. Properly used, cure provisions reduce the risk that a party remains unaware of its own breach and help prevent minor or technical defaults from escalating into costly disputes.

Taking steps to prevent breach of contract helps protect your legal rights and promotes smoother relationships with the other party. If you need help drafting or reviewing an agreement, contact our lawyers at Linley Welwood to ensure your contracts are clear and aligned with British Columbia law.