When Business Agreements Break Down, Legal Action May Be the Only Way Forward
In Mississippi business, contracts are more than just paper—they’re promises. Whether it’s a handshake deal between local vendors or a formal written agreement between two corporations, businesses across the state rely on contracts to ensure services are delivered, products are paid for, and expectations are honored. But what happens when one party doesn’t follow through?
A breach of contract can disrupt cash flow, delay projects, damage business relationships, and even threaten the survival of a company. When that happens, legal options are available—but enforcing or defending against a contract claim in Mississippi requires a clear understanding of the law, evidence, and strategy.
At Barrett Law, PLLC, we represent both plaintiffs and defendants in breach of contract lawsuits across Mississippi. As a seasoned Mississippi business litigation attorney, Jonathan Barrett brings decades of courtroom experience to companies in Jackson, Hattiesburg, Gulfport, and beyond. Whether you need to recover damages for nonpayment or protect your business from an unfair claim, we’re here to help.
Understanding Breach of Contract Under Mississippi Law
At its core, a breach of contract occurs when one party fails to perform their obligations under a valid and enforceable agreement. Mississippi contract law generally requires the following elements:
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A valid contract exists (written or oral)
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The plaintiff performed their obligations under the contract
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The defendant failed to perform as promised
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The plaintiff suffered damages as a result
Mississippi courts enforce both written and oral contracts, although written contracts are generally easier to prove. Courts may also enforce implied contracts where the parties’ conduct shows mutual agreement.
Some examples of business-related contract breaches include:
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A vendor fails to deliver goods by the agreed date
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A customer refuses to pay for completed work
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A contractor delivers substandard services in violation of the agreement
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A partner violates a non-compete or confidentiality clause
Types of Breaches Recognized in Mississippi
Material Breach
A significant failure that goes to the heart of the agreement, allowing the non-breaching party to sue for damages or terminate the contract.
Minor Breach (Partial Breach)
A less serious failure that may still warrant damages but does not excuse the other party from performing.
Anticipatory Breach
When one party communicates in advance that they won’t fulfill their obligations, the other party may sue immediately.
Filing a Breach of Contract Lawsuit in Mississippi
To file a breach of contract claim, the plaintiff must file a civil complaint in the appropriate Mississippi court—typically the County or Circuit Court, depending on the amount in controversy and type of dispute.
Essential steps include:
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Reviewing the contract: Ensuring it’s valid and enforceable
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Gathering documentation: Emails, invoices, text messages, correspondence, and proof of performance
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Sending a demand letter: In many cases, businesses attempt resolution before initiating litigation
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Filing a complaint: Laying out the claim, identifying the breach, and demanding relief
If the case goes to trial, both sides will present evidence, and the court may award monetary damages, specific performance, or other equitable relief.
Defending Against a Breach of Contract Claim
If your business is being sued for breach of contract, you still have options. Common defenses include:
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No valid contract existed
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The plaintiff breached first
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The contract was ambiguous or unconscionable
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Performance was impossible or impractical
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The statute of limitations has expired
Mississippi has a three-year statute of limitations on most written and oral contract claims (Miss. Code Ann. § 15-1-49), but this can vary depending on specific facts.
At Barrett Law, PLLC, we aggressively defend businesses accused of breach, ensuring their side of the story is heard, their exposure is minimized, and their contractual rights are enforced.
Who Is Affected by Contract Disputes in Mississippi?
Contract disputes impact a wide range of businesses, including:
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Construction companies in disputes over delayed completion or defective work
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Retailers or suppliers dealing with non-payment or late deliveries
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Professional service providers (architects, consultants, lawyers, etc.) facing billing or performance issues
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Healthcare providers in contractual conflicts with insurers or vendors
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Manufacturers and distributors in logistics and supply chain disagreements
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Small business owners in conflicts with customers, vendors, or partners
We understand how disruptive these disputes can be, especially for Mississippi companies relying on predictability, timing, and trust to operate profitably.
Mississippi Laws That Govern Contract Disputes
Mississippi contract law is governed by a mix of common law principles and statutes. Some key provisions include:
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Miss. Code Ann. § 15-1-49 – General statute of limitations for contract claims (3 years)
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Mississippi Uniform Commercial Code (UCC) – Governs contracts for the sale of goods (Title 75)
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Miss. Code Ann. § 15-3-1 – Statute of frauds (certain contracts must be in writing to be enforceable)
Courts consider contract language, industry standards, course of dealing, and performance history when determining liability and damages.
Practical Tips for Businesses in Contract Disputes
Whether filing a claim or defending one, here are important steps to protect your company:
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Review the contract thoroughly
Understand every clause—especially those related to performance, termination, and dispute resolution. -
Document everything
Keep written records of communications, performance milestones, invoices, and any signs of disagreement. -
Understand your goals
Decide whether you want to sue for money, force the other party to perform, or negotiate a settlement. -
Avoid informal amendments
Verbal side deals or changes outside of the written contract can complicate your case. -
Act quickly
Waiting too long may result in waived rights or missed legal deadlines. -
Consult with a lawyer early
An attorney can help assess the strength of your claim or defense before significant costs are incurred.
Frequently Asked Questions About Breach of Contract in Mississippi
What is considered a valid contract under Mississippi law?
A valid contract in Mississippi must include an offer, acceptance, consideration (something of value exchanged), mutual intent to be bound, and legal purpose. Contracts can be written, oral, or implied by conduct.
Do I need a written contract to file a lawsuit?
No, Mississippi courts recognize oral and implied contracts. However, some contracts must be in writing under the Statute of Frauds, such as agreements involving land or those not performable within one year.
What types of damages can I recover?
Damages may include direct losses (lost revenue, increased costs), consequential damages (lost profits), and sometimes attorney’s fees or court costs—if allowed by the contract. In rare cases, equitable remedies like specific performance may apply.
What is the statute of limitations for breach of contract in Mississippi?
The general time limit is three years from the date the breach occurred. However, exceptions may apply depending on the type of contract and nature of the claim.
What if both parties breached the contract?
If both sides failed to perform, courts may reduce damages or find neither party entitled to relief. However, the party who materially breached first may lose their right to enforce the contract.
Can I recover attorney’s fees if I win?
Only if the contract includes a provision for attorney’s fees or if a specific statute allows it. Otherwise, each party typically pays their own legal fees in Mississippi.
What if the other party claims they didn’t understand the contract?
Mississippi law generally holds people accountable for contracts they sign. Claims of misunderstanding may be dismissed unless there was fraud, duress, or unconscionable terms.
What’s the difference between material and minor breach?
A material breach is serious enough to justify ending the contract or suing for damages. A minor breach does not excuse the other party from continuing performance but may still result in compensation.
Can I still sue if I partially performed?
Yes. If you performed part of the contract and the other party failed to hold up their end, you may still be entitled to recover damages for the work or value delivered.
Should I try to settle before going to court?
Yes. Settlement is often faster, less expensive, and less disruptive than litigation. However, settlements should always be reviewed by an attorney and properly documented in writing.
Has Your Business Suffered Losses and Damages in Mississippi? Call Mississippi Business Litigation Attorney Jonathan Barrett 24/7/365 at (601) 790-1505 for Your FREE Consultation
If your business has been harmed by a breach of contract—or if your company is facing a lawsuit—now is the time to act. At Barrett Law, PLLC, we represent both plaintiffs and defendants in Mississippi business litigation. We understand the value of your time, the importance of preserving your reputation, and the financial stakes involved in every contract dispute.
Whether it’s a failed business agreement, a broken delivery promise, or an unpaid invoice, we will work tirelessly to protect your rights and pursue the outcome your business deserves.
Jonathan Barrett Fights for Mississippi Businesses – Call 24/7/365 at (601) 790-1505 to Receive Your FREE Consultation
Barrett Law, PLLC proudly represents businesses throughout the State of Mississippi, including Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, and Brandon. We handle complex contract litigation and business disputes with focus, urgency, and a commitment to results.
