There still remains a legitimate distinction from the lexicon fraud entree.
A breach of contract may not have been intended from the get-go. Material values received may not be easily returnable, such as a coat of paint on a house, or the installation of a retaining wall or regrading of a slope to redirect water from an entryway. A payment plan intended to be completed initially could be waylaid by job loss. Reluctance to part with other assets in order to make good the contract, or worse, not having assets aside from the improved properties (as in the particulars offered) still leaves the receiver of the material value in a position where its return is not desirable.
If the contracted parties cannot reach a settlement based on the mutual exchange of the available facts, it is at this point that a system of adjudication steps in to identify the merits of the case.
Fraud is the above scenario with intent to breach the agreement from the get-go.