A contract may be construed either before or after there has been a breach thereof.
Rule 87.03.Contract May Be Construed--When.
Part III · Rule 87: Declaratory Judgments · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceA contract may be construed through a declaratory judgment either before any breach has occurred or after a breach has already happened, so parties do not need to wait for a dispute to escalate before seeking clarity.
Full Text of Rule 87.03
Official Comment
Note: This rule is the same as Section 527.030, RSMo 1959. See Statutes for Venue.
Plain-English Summary
Rule 87.03 removes a timing question that might otherwise limit declaratory relief for contract disputes. A party does not have to wait until a contract has been broken to ask a court to construe it. The rule allows construction either before a breach occurs or after one has already happened.
This matters for parties who see a dispute coming — over an ambiguous clause, a condition that might not have been met, or an obligation whose scope is unclear — and want to know their rights before deciding whether to perform, withhold performance, or terminate. Instead of forcing a breach and then litigating damages, a party can ask a court to interpret the contract in advance.
The rule works alongside Rule 87.02(a), which already lets anyone interested under a written contract seek a declaration of rights under it. Rule 87.03 confirms that timing — before or after breach — is not a barrier to that relief.
Frequently Asked Questions
Do I have to wait until a contract is broken to ask a court to interpret it?
No. Rule 87.03 allows a contract to be construed either before or after a breach has occurred.
Why would someone want a contract construed before any breach happens?
To get clarity on rights and obligations in advance, so the party can decide how to act without risking a breach or waiting for a dispute to escalate.
Does Rule 87.03 apply to any contract, or only certain types?
The rule speaks generally to construction of a contract and works together with Rule 87.02(a), which covers written contracts and other writings constituting a contract.
Can a party seek construction of a contract after the other side has already breached it?
Yes. Rule 87.03 expressly permits construction after a breach as well as before one.
Does this rule change who can seek a declaration about a contract?
No. Rule 87.02 already establishes who may seek that relief; Rule 87.03 addresses only the timing of when a contract may be construed.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: declaratory judgment actioncontract construction before breachanticipatory contract disputedeclaratory relief