State Court Complaint - Contract Breach

[COURT NAME]

[COUNTY], ALABAMA

[PLAINTIFF NAME],

Plaintiff,

v.

[DEFENDANT NAME],

Defendant.

Civil Action No.: __________________

COMPLAINT FOR BREACH OF CONTRACT

TABLE OF CONTENTS

1. Parties, Jurisdiction, and Venue
2. Factual Allegations
3. Cause of Action — Breach of Contract
4. Damages
5. Conditions Precedent
6. Prayer for Relief
7. Jury Demand (Optional)
8. Reservation of Rights
9. Verification (Optional)
10. Certificate of Service

1. PARTIES, JURISDICTION, AND VENUE

1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS].

1.2 Defendant. [DEFENDANT NAME] (“Defendant”) is a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS].

1.3 Jurisdiction. Pursuant to Ala. Code §§ 6-3-2 & 6-3-7, this Court has subject-matter jurisdiction because the amount in controversy exceeds $[AMOUNT] exclusive of interest and costs, and the claim arises under Alabama contract law.

1.4 Venue. Venue is proper in this Court under Ala. Code § 6-3-[RELEVANT SUBSECTION] because Defendant [resides/does business] in this County and the contract was to be performed here.

2. FACTUAL ALLEGATIONS

2.1 On or about [DATE], Plaintiff and Defendant entered into a written contract titled “[CONTRACT NAME]” (the “Contract”), a true and correct copy of which is attached hereto as Exhibit A and incorporated by reference.

2.2 Under the Contract, Plaintiff agreed to:
  (a) [LIST PLAINTIFF OBLIGATIONS];
  (b) […].

2.3 In return, Defendant agreed to:
  (a) [LIST DEFENDANT OBLIGATIONS, e.g., payment of $___ by ___];
  (b) […].

2.4 Plaintiff fully performed, or was ready, willing, and able to perform, all material obligations required of it under the Contract.

2.5 Defendant materially breached the Contract by, inter alia:
  (a) Failing to [PAY $___ BY DATE];
  (b) [OTHER BREACHES].

2.6 Despite written notice of default dated [DATE] and a ☐-day opportunity to cure, Defendant has failed and refused to remedy its breaches.

2.7 As a direct and proximate result of Defendant’s breaches, Plaintiff has suffered damages in an amount not less than $[AMOUNT], exclusive of interest, attorneys’ fees, and costs.

3. CAUSE OF ACTION — BREACH OF CONTRACT

3.1 Plaintiff realleges and incorporates by reference Paragraphs 1.1 through 2.7 as though fully set forth herein.

3.2 The Contract is a valid, binding agreement supported by adequate consideration.

3.3 Plaintiff performed all conditions precedent or the same have been waived or excused.

3.4 Defendant’s actions and omissions constitute material breaches of the Contract.

3.5 Plaintiff has been damaged and is entitled to recover all losses proximately caused by Defendant’s breach, together with pre- and post-judgment interest as allowed by law.

4. DAMAGES

Plaintiff seeks:
 (a) Compensatory damages of at least $[AMOUNT];
 (b) Consequential damages in an amount to be proven at trial;
 (c) Pre- and post-judgment interest at the maximum lawful rate;
 (d) Attorneys’ fees and costs as provided in the Contract and/or by law; and
 (e) Such other and further relief as the Court deems just and proper.

5. CONDITIONS PRECEDENT

All conditions precedent to Plaintiff’s right to recover have been performed, have occurred, or have been waived.

6. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as follows:

A. Awarding the damages set forth in Section 4;
B. Granting injunctive or equitable relief as necessary to prevent further breach;
C. Taxing costs of court against Defendant; and
D. Granting such other and further relief to which Plaintiff is justly entitled.

7. JURY DEMAND (OPTIONAL)

Pursuant to Ala. R. Civ. P. 38, Plaintiff demands a trial by jury on all issues so triable.

8. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint as justice may require upon discovery of additional facts and to seek all forms of relief allowed by law or equity.

9. VERIFICATION (OPTIONAL)

STATE OF ____________ )
COUNTY OF __________ )

BEFORE ME, the undersigned authority, personally appeared [NAME], who, being duly sworn, stated that the foregoing Complaint is true and correct to the best of his/her knowledge, information, and belief.

_______________________________
[NAME], Affiant

Subscribed and sworn to before me on this ___ day of __________, 20__.

________________________________
Notary Public
My Commission Expires: __________

10. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of __________, 20__, I served a true and correct copy of the foregoing Complaint, with exhibits, upon the following by [Certified Mail/Process Server] in accordance with Ala. R. Civ. P. 4:

[DEFENDANT NAME]
[DEFENDANT ADDRESS]

________________________________
[ATTORNEY NAME]
Counsel for Plaintiff

SIGNATURE BLOCK

Respectfully submitted,

________________________________
[ATTORNEY NAME] (ASB-___)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff