Your supplier misses a third delivery date, and a major client walks away, so your first instinct may be to send a demand letter that afternoon. In Washington, however, a contract claim rises or falls on proof, and gaps often surface only after you have committed to a position. Understanding where these claims typically break down can help you build a stronger case first.
Relying on the contract without proving the duty
A signed agreement does not win a case by itself. Washington courts generally require you to show that the contract imposed a specific duty on the other party, that the party breached it and that the breach caused your damages.
The contract’s form also affects your filing deadline. You typically have six years for written contracts and three years for oral agreements, while sales of goods follow a separate four-year deadline that the parties can shorten to as little as one year.
Failing to document their own performance
Once you identify the duty, attention shifts to your own performance. If you paid late or skipped a required step, the other party may argue that your breach came first. A minor deviation usually does not excuse its obligations, but a material breach, meaning one that defeats the agreement’s central purpose, can. Invoices, delivery confirmations and approvals help demonstrate that you fulfilled your responsibilities.
Assuming a breach automatically proves damages
Proving a broken promise differs from proving what it cost you. Courts generally award only losses you can establish with reasonable certainty, and you may need to take reasonable steps to limit them. Liability caps and predetermined damages provisions can also restrict recovery, so connecting each loss to documentation is central to any Washington breach of contract claim.
Overlooking emails and later contract changes
Business relationships often evolve after signing. Emails approving a new price or schedule may modify the original terms, even when the contract requires signed written amendments, because courts can find that a party waived that requirement through its conduct. Gather every email, text and change order before deciding what the agreement actually requires.
Taking action before reviewing the contract and evidence
With the facts assembled, return to the contract itself. Look for notice-and-cure provisions, which may give the other side time to correct the problem, and for clauses requiring mediation, arbitration or a specific court.
Under Washington law, an attorney fee provision favoring one party generally applies to both, so you could owe fees if you lose. Without such a clause, each side usually pays its own.
Strong contract claims start with complete records
Most contract disputes are won or lost on paper. Before making any demand, assemble the signed agreement, every later amendment, proof of your own performance and records of each dollar you lost, then confirm which filing deadline applies. That file reveals how strong your position really is and helps you decide whether to negotiate, send a demand or file suit.