Complaint for Breach of Contract
IN THE SUPERIOR COURT OF THE STATE OF VERMONT
[PLACEHOLDER: COUNTY] UNIT │ CIVIL DIVISION
Docket No. _____
[PLAINTIFF FULL LEGAL NAME],
Plaintiff,
v.
[DEFENDANT FULL LEGAL NAME],
Defendant.
TABLE OF CONTENTS
- Introduction ............................................................................................................................... 2
- Parties ........................................................................................................................................ 2
- Jurisdiction & Venue ................................................................................................................ 3
- Factual Allegations ................................................................................................................... 3
- Cause of Action — Breach of Contract ................................................................................... 5
- Damages ................................................................................................................................... 6
- Conditions Precedent & Service Compliance ......................................................................... 7
- Demand for Jury Trial ............................................................................................................. 7
- Prayer for Relief ....................................................................................................................... 8
- Certification Pursuant to V.R.C.P. 11 .................................................................................... 9
- Verification (if required) ......................................................................................................... 9
- Signature Block ...................................................................................................................... 10
[// GUIDANCE: Remove the Table of Contents if the pleading will not exceed five pages once customized.]
1. Introduction
1.1 Plaintiff brings this action for breach of contract arising from Defendant’s failure to perform its contractual obligations under the [TITLE/DATE OF CONTRACT] (the “Contract”).
1.2 Plaintiff seeks compensatory damages, prejudgment interest, costs, attorney’s fees, and such other relief as the Court deems just and proper, including injunctive relief where appropriate.
2. Parties
2.1 Plaintiff: [PLAINTIFF FULL LEGAL NAME], a [STATE] [corporation/LLC/individual/other] with its principal place of business at [ADDRESS].
2.2 Defendant: [DEFENDANT FULL LEGAL NAME], a [STATE] [corporation/LLC/individual/other] with its principal place of business at [ADDRESS].
[// GUIDANCE: For entities, confirm registration status with the Vermont Secretary of State and insert entity ID if helpful for service.]
3. Jurisdiction & Venue
3.1 This Court has subject-matter jurisdiction pursuant to 4 V.S.A. § 31 and the Vermont Rules of Civil Procedure.
3.2 Personal jurisdiction is proper because Defendant [is domiciled in Vermont / transacts business in Vermont / committed the acts complained of in Vermont].
3.3 Venue lies in this Unit under 12 V.S.A. § 402 because [basis for venue, e.g., “the cause of action arose in this county” or “Defendant resides or has its principal place of business in this county”].
4. Factual Allegations
4.1 On or about [DATE], Plaintiff and Defendant entered into the Contract, a true and correct copy of which is attached hereto as Exhibit A.
4.2 The Contract required Defendant to [describe material obligations] on or before [DATE/PERFORMANCE PERIOD].
4.3 Plaintiff fully performed, or was ready, willing, and able to perform, all conditions precedent required under the Contract.
4.4 Beginning on [DATE], Defendant materially breached the Contract by:
(a) Failing to [specific breach];
(b) [Additional breaches]; and
(c) [Add as necessary].
4.5 Plaintiff provided written notice of breach to Defendant on [DATE] pursuant to Section [X] of the Contract.
4.6 Despite demand and an opportunity to cure, Defendant has failed and refused to comply with its contractual obligations.
4.7 As a direct and proximate result of Defendant’s breach, Plaintiff has suffered damages in excess of $[AMOUNT] and continues to incur additional losses.
[// GUIDANCE: Insert any conditions precedent such as mandatory mediation clauses and confirm they have been satisfied or waived.]
5. Cause of Action — Breach of Contract
5.1 Plaintiff realleges and incorporates by reference paragraphs 1.1 through 4.7 as though fully set forth herein.
5.2 A valid and enforceable contract exists between Plaintiff and Defendant.
5.3 Plaintiff has performed all, or substantially all, of its obligations under the Contract, or such performance has been excused.
5.4 Defendant has materially breached the Contract by the acts and omissions described above.
5.5 Defendant’s breach has caused Plaintiff foreseeable damages, including but not limited to:
(a) Unpaid amounts due under the Contract in the principal sum of $[AMOUNT];
(b) Incidental and consequential damages, including [describe];
(c) Pre- and post-judgment interest; and
(d) Reasonable attorney’s fees and costs as allowed by the Contract and/or applicable law.
6. Damages
6.1 Plaintiff’s direct damages presently total no less than $[AMOUNT].
6.2 Plaintiff also seeks:
(a) Consequential damages in an amount to be proven at trial;
(b) Pre-judgment interest at the statutory rate from the date of breach;
(c) Post-judgment interest pursuant to 12 V.S.A. § 2903; and
(d) Attorney’s fees and costs as provided in Section [X] of the Contract or as otherwise authorized by law.
7. Conditions Precedent & Service Compliance
7.1 All conditions precedent to Plaintiff’s right to bring this action have occurred or been waived.
7.2 Plaintiff will effect service of process in accordance with V.R.C.P. 4, using the Summons and Complaint forms approved by the Vermont Judiciary.
[// GUIDANCE: If service by certified mail pursuant to V.R.C.P. 4(d)(1) is anticipated, insert details here.]
8. Demand for Jury Trial
8.1 Pursuant to V.R.C.P. 38(b), Plaintiff hereby demands a trial by jury on all issues so triable.
[// GUIDANCE: Delete this section if the client intends to waive jury trial.]
9. Prayer for Relief
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant, awarding:
A. Compensatory damages in an amount to be determined at trial but not less than $[AMOUNT];
B. Consequential and incidental damages according to proof;
C. Pre- and post-judgment interest as allowed by law;
D. Reasonable attorney’s fees and costs;
E. Such preliminary and/or permanent injunctive relief as the Court deems just and proper to prevent further breaches; and
F. All other relief the Court deems equitable and just.
10. Certification Pursuant to V.R.C.P. 11
The undersigned counsel certifies that, to the best of counsel’s knowledge, information, and belief, formed after reasonable inquiry, this pleading is well-grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose.
11. Verification (OPTIONAL/AS REQUIRED)
I, [NAME], [TITLE] of [PLAINTIFF], hereby verify under oath that the factual statements contained in Paragraphs 2.1 through 4.7 of the foregoing Complaint are true and correct to the best of my knowledge, information, and belief.
[NAME]
[DATE]
Subscribed and sworn before me on ____, 20____.
Notary Public
My commission expires: ______
[// GUIDANCE: Vermont does not generally require verification for contract claims unless mandated by statute or special relief is sought. Include only if needed.]
12. Signature Block
Respectfully submitted,
DATED: __, 20____
[ATTORNEY NAME] (Bar No. ______)
[FIRM NAME]
[ADDRESS]
[TELEPHONE] │ [EMAIL]
Counsel for Plaintiff [PLAINTIFF NAME]
Exhibits
Exhibit A – Contract dated [DATE] between Plaintiff and Defendant
Exhibit B – Notice of Breach dated [DATE]
Exhibit C – [Additional supporting documents]
[// GUIDANCE: Attach all essential exhibits at filing to withstand a V.R.C.P. 12(b)(6) attack. Number pages consecutively after the Complaint to comply with V.R.C.P. 10.]
Discovery & Case Management Notes
• Initial disclosures must be served within 60 days after the answer is filed unless parties stipulate otherwise or the Court orders differently. See V.R.C.P. 26(b)(2).
• Interrogatories are presently limited to 25, including sub-parts, absent stipulation or Court order. See V.R.C.P. 33(a).
• Each party may depose any person without leave, but additional limitations apply once ten depositions are taken. See V.R.C.P. 30(a)(2).
[// GUIDANCE: Add a proposed Case Management Order if local practice in the chosen Unit requires one with the Complaint.]
END OF TEMPLATE