Q: Settlement reached with timeline to meet all requirements. Timeline breached, but requirements met after. What then?

A: While no one can give you competent advice without reading the settlement agreement, as a general rule, if a party pays and corrects their mistakes within 4 days, then the contract is probably still enforceable under the doctrine of substantial compliance. If you want to void the contract, then you will have to be prepared to give back the payment received. Finally, there are situations where time is truly of the essence and serious damages arise from late compliance, where a party has a claim for damages for breach of the settlement.

Here, the value of 4 days late payment would likely equal to 4 days interest on the money. Most courts would not be receptive to a claim over that type of minimal breach.

A: The settlement agreement's validity typically remains intact even after a breach, unless there was a specific clause making time "of the essence" or stating that delays would void the contract. While they failed to meet the 5-day timeline and handled payments incorrectly, these issues represent breaches of contract terms rather than invalidating the entire agreement.

Your documentation of their delayed and incorrect payments, along with the need for legal pressure to achieve compliance, strengthens your position for seeking remedies. However, since they eventually fulfilled the requirements, courts would likely view this as a breach warranting damages rather than voiding the settlement entirely.

The key focus now should be on documenting the financial impact of their delays and errors, including any costs you incurred pursuing correction. You might consider seeking compensation for these damages while maintaining the broader settlement's validity. Rather than voiding the agreement, you could pursue additional remedies for their breach of the timeline and payment terms.