STATE OF INDIANA
IN THE [_] COURT OF [_] COUNTY
[PLAINTIFF NAME], )
)
Plaintiff, )
)
v. ) Cause No. ______
)
[DEFENDANT NAME], )
)
Defendant. )
COMPLAINT FOR BREACH OF CONTRACT
[// GUIDANCE: Verify proper court designation—e.g., “Superior Court” or “Circuit Court” of the county where venue lies under Ind. Trial R. 75. Insert clerk‐assigned cause number once available.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions (Factual Allegations)
- Representations & Warranties (Performance Allegations)
- Covenants & Restrictions (Contractual Duties)
- Default & Remedies
- Risk Allocation & Damages
- Dispute Resolution Allegations
- General Provisions & Prayer for Relief
- Jury Demand (Optional)
- Verification (Optional)
- Certificate of Service
1. DOCUMENT HEADER
1.1 Effective Date. This Complaint is filed on [DATE] (the “Effective Date”).
1.2 Parties. Plaintiff [PLAINTIFF NAME], an [Indiana/NON-Indiana] [corporation/LLC/individual], maintains its principal place of business at [ADDRESS]. Defendant [DEFENDANT NAME], an [Indiana/NON-Indiana] [corporation/LLC/individual], maintains its principal place of business at [ADDRESS].
1.3 Recitals. This action arises out of Defendant’s breach of that certain written agreement dated [CONTRACT DATE] (the “Agreement”), attached hereto as Exhibit A.
2. DEFINITIONS
For purposes of this pleading, the following capitalized terms shall have the meanings set forth below; all other capitalized terms shall have the meanings ascribed in the Agreement unless the context clearly requires otherwise.
“Agreement” means the written contract executed by Plaintiff and Defendant on or about [CONTRACT DATE], including all exhibits, amendments, and addenda.
“Breach” means any failure by Defendant to timely and fully perform, comply with, or discharge its obligations under the Agreement.
“Damages” means all actual, consequential, incidental, and statutory damages recoverable under Indiana law, together with pre- and post-judgment interest.
“Ind. Trial Rules” means the Indiana Rules of Trial Procedure.
“Parties” means, collectively, Plaintiff and Defendant, and “Party” means either of them individually.
[// GUIDANCE: Add or remove defined terms as needed for the particular matter.]
3. OPERATIVE PROVISIONS (FACTUAL ALLEGATIONS)
3.1 Jurisdiction. This Court has subject-matter jurisdiction over this civil action pursuant to Ind. Const. art. 7 and the jurisdictional statutes of the State of Indiana because the amount in controversy exceeds $[AMOUNT] and the cause is not within the exclusive jurisdiction of any other court or tribunal.
3.2 Venue. Venue is proper in this County under Ind. Trial R. 75(A) because:
(a) the transactions giving rise to this lawsuit occurred in this County; and/or
(b) Defendant resides, does business, or maintains its registered agent in this County.
3.3 Contract Formation. On [CONTRACT DATE], the Parties entered into the Agreement. Plaintiff agreed to [PLAINTIFF PERFORMANCE SUMMARY], and Defendant agreed to [DEFENDANT PERFORMANCE SUMMARY].
3.4 Plaintiff’s Performance. Plaintiff fully performed, or was ready, willing, and able to perform, all of its obligations under the Agreement, or such performance was excused by Defendant’s prior breach.
3.5 Defendant’s Breach. Beginning on or about [DATE], Defendant failed to [SPECIFIC FAILURE], thereby materially breaching Sections [___] of the Agreement.
3.6 Notice & Opportunity to Cure. On [DATE], Plaintiff provided written notice of breach to Defendant pursuant to Section [___] of the Agreement and Ind. Trial R. 8. Despite such notice and expiration of any contractual or statutory cure period, Defendant has failed and refused to cure the Breach.
4. REPRESENTATIONS & WARRANTIES (PERFORMANCE ALLEGATIONS)
4.1 Plaintiff alleges, on information and belief, that all conditions precedent to Defendant’s obligations under the Agreement occurred or were satisfied.
4.2 Defendant expressly and/or impliedly warranted that it would perform its obligations in a workmanlike manner, comply with all applicable laws, and remit payment when due. Defendant’s Breach contravened these representations and warranties.
5. COVENANTS & RESTRICTIONS (CONTRACTUAL DUTIES)
5.1 Affirmative Covenants. Defendant covenanted to [PAY/DELIVER/PROVIDE] [SPECIFY].
5.2 Negative Covenants. Defendant covenanted it would not [SPECIFY PROHIBITED ACTS], which it nonetheless did by [DESCRIBE].
5.3 Continuing Obligations. Defendant’s duties under the Agreement remain ongoing and enforceable notwithstanding the Breach alleged herein.
6. DEFAULT & REMEDIES
6.1 Events of Default. Defendant’s failures described in ¶¶ 3.5–3.6 constitute Events of Default under Section [___] of the Agreement and Indiana common law.
6.2 Contractual Remedies. Under Section [___] of the Agreement, Plaintiff is entitled to:
(a) acceleration of all sums due;
(b) recovery of attorney fees and costs; and
(c) injunctive relief to prevent further harm.
6.3 Statutory & Equitable Remedies. Plaintiff is entitled to damages, prejudgment interest, and such other relief as the Court deems just and proper under Indiana law.
7. RISK ALLOCATION & DAMAGES
7.1 Actual Damages. Plaintiff has suffered monetary Damages in an amount not less than $[AMOUNT], exclusive of interest, costs, and attorney fees.
7.2 Consequential Damages. As a foreseeable result of Defendant’s Breach, Plaintiff has incurred consequential losses, including but not limited to [SPECIFY].
7.3 Attorney Fees & Costs. Pursuant to Section [___] of the Agreement and Indiana law, Plaintiff is entitled to recover its reasonable attorney fees, expert fees, and court costs incurred herein.
7.4 Pre- & Post-Judgment Interest. Plaintiff seeks interest at the contractual rate of ___ % per annum, or the statutory rate under Ind. Code § 24-4.6-1-101 et seq., whichever is greater.
[// GUIDANCE: Confirm contract contains attorney-fee clause; if not, fee recovery may require statutory or equitable basis.]
8. DISPUTE RESOLUTION ALLEGATIONS
8.1 Governing Law. The Agreement provides, and the Parties agree, that Indiana substantive law governs this dispute.
8.2 Forum Selection. The Agreement designates state courts sitting in [COUNTY] County, Indiana, as the exclusive forum. Defendant is therefore subject to this Court’s personal jurisdiction and waives objection to venue.
8.3 Arbitration. The Agreement does not require arbitration; accordingly, this Court is the proper forum.
8.4 Jury Waiver. [If Applicable] The Agreement contains a mutual jury-trial waiver. Out of an abundance of caution, Plaintiff hereby makes an alternative jury demand in Section 10 below to preserve all rights.
8.5 Injunctive Relief. Plaintiff is entitled to temporary, preliminary, and permanent injunctive relief under Ind. Trial R. 65 to prevent Defendant from [SPECIFY CONDUCT] and to preserve the status quo.
9. GENERAL PROVISIONS & PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as follows:
a. Awarding compensatory, consequential, and incidental Damages in an amount to be determined at trial but not less than $[AMOUNT];
b. Awarding pre- and post-judgment interest;
c. Awarding reasonable attorney fees, expert fees, and costs;
d. Ordering specific performance and/or injunctive relief compelling Defendant to [SPECIFY];
e. Granting such other and further relief as the Court deems just and proper.
10. JURY DEMAND (OPTIONAL)
Pursuant to Ind. Trial R. 38(B), Plaintiff hereby demands trial by jury on all issues so triable.
[// GUIDANCE: Delete if the underlying Agreement contains an enforceable jury-trial waiver and Plaintiff elects to honor it.]
11. VERIFICATION (OPTIONAL)
I, [NAME & TITLE], being first duly sworn upon my oath, depose and state that I am the [position] of Plaintiff and that I have read the foregoing Complaint; that it is true and correct to the best of my knowledge, information, and belief.
[NAME]
Subscribed and sworn before me this ___ day of __, 20__.
Notary Public
My Commission Expires: _____
[// GUIDANCE: Verification not generally required in Indiana contract actions; include only if strategic or required by statute/rule.]
12. CERTIFICATE OF SERVICE
I hereby certify that on the ___ day of __, 20__, a copy of the foregoing Complaint was served via [U.S. Mail / Indiana E-filing System / certified mail / sheriff’s service] pursuant to Ind. Trial R. 4 et seq. upon:
[DEFENSE COUNSEL OR REGISTERED AGENT INFORMATION]
[PLAINTIFF’S COUNSEL NAME]
Indiana Atty. No. ____
[LAW FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
SIGNATURE BLOCK
Respectfully submitted,
[ATTORNEY NAME] (#____)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff [PLAINTIFF NAME]
[// GUIDANCE: Add additional counsel lines, pro hac vice notices, or local counsel information if applicable.]