NYC Breach of Contract Lawyer

Breach of Contract

Business contracts are legally binding promises. When one party fails to follow through on their obligations according to the contract, the other party has a right to bring a breach-of-contract claim. Breach of contract claims can threaten a business’s stability. Drafting well-written contracts are one of the best ways to prevent these types of claims. 

Discuss Your Case With a Breach of Contract Attorney

At Woods Lonergan PLLC, our business litigation attorneys have extensive experience representing clients in breach-of-contract claims. We also have the experience and knowledge to prevent any disputes by ensuring that the original contracts are carefully drafted. Whether you would like to negotiate and draft effective contracts, or you are in the middle of a breach, we are here to help. Contact us today to schedule your initial consultation.

Types of Breach of Contract Cases 

Many different disputes can arise in breach-of-contract claims. At Woods Lonergan, we have represented business lines involved in many contract disputes involving employment, real estate, and business contracts. If the dispute involves the sale of goods, it will probably be governed by the Uniform Commercial Code, which is a statute that every state has adopted. Our attorneys are familiar with the Uniform Commercial Code and can advise you about your rights and how to respond to the problem, whether you are the buyer or seller of the goods. 

Woods Lonergan can provide you with the legal counsel you need to resolve your dispute effectively. We try to resolve claims through negotiation to avoid costly litigation, but we also understand litigation can’t always be avoided. Our attorneys have extensive courtroom experience, and our record of success handling all of the following types of claims speaks for itself:

  •  Asset purchase and sale agreements
  •  Contracts for the performance of services
  •  Contract interpretation disputes
  •  Real estate brokerage commission disputes
  •  Employment contract disputes
  •  Business tort cases

Contract Drafting

Effectively drafting contracts is crucial to avoiding many litigation claims. The attorneys at Woods Lonergan understand all of the potential disputes that can arise. We use this knowledge to avoid potential problems when we draft the original contract. We have extensive experience representing parties involved in contract disputes. We understand how vague and imprecise wording can give rise to contract interpretation disputes that result in a claim. Our attorneys use this experience to help you draft business contracts that focus on avoiding common contract disputes. 

The Elements of a Claim in New York City

When one party has met their contractual obligations, and the other party hasn’t, a breach-of-contract claim has arisen. In order to be valid, a business contract needs to consist of an offer, an acceptance of the offer, and consideration. Consideration refers to each party giving and receiving a benefit from the contract. Many disputes result from poorly drafted contracts. 

If you are involved in a breach-of-contract matter, it’s crucial that you have a knowledgeable attorney who can carefully draft your business contract to protect your interest and ensure that the contract is fully enforceable. When one party fails to meet its obligations under the contract, the other party has a right to bring a lawsuit. The party pursuing the lawsuit needs to prove four basic elements to have a cause of action for breach of contract in New York:

  •  The plaintiff and defendant formed a contract.
  •  The plaintiff performed the contract
  •  The defendant failed to perform the terms of the contract
  •  The breach caused the plaintiff’s business or interests damages

The New York Statute of Limitations

The statute of limitations for filing a breach-of-contract claim in New York is 6 years. 6 years may seem like it’s a long time, but remember that the clock starts ticking from the date that the offense was committed, not from the date that it was discovered. The sooner you discuss your case with an attorney, the sooner your attorney can begin preparing your legal strategy. You don’t want to wait too long and lose the opportunity to recover the damages you deserve.

Damages Available

When a breach of contract has negatively impacted your business, you have the right to pursue damages in court. In New York, you can only recover damages when the breach of contract is considered a material breach. A material breach is substantial enough to defeat the purpose of the contract. For example, suppose you signed a contract with a hospitality company to host a significant business function, and they failed to show up to the event entirely. In that case, the breach is substantial enough to breach the purpose of the contract. 

In that case, the purpose of the contract was to host an event. You would be able to pursue damages for the costs associated with the failure of the company to show up. Proving that a material breach has occurred can be challenging, which is why you need an experienced attorney on your side. There are five remedies for breach-of-contract claims:

  •  Money damages
  •  Restitution
  •  Rescission
  •  Reformation
  •  Specific performance 

Monetary damages are the most commonly awarded damages in these claims. However, if it’s possible to keep the contract intact and resolve the breach with a cure, the court may require the party that is in breach to fix the problem. At Woods Lonergan, our attorneys will advocate for you to recover as much compensation as possible. 

Contact Our NYC Breach of Contract Attorney Today

If you are involved in a breach-of-contract matter, your business could be negatively affected. Our attorneys have decades of experience in business contract litigation matters at Woods Lonergan PLLC. We will carefully listen to your needs and goals and provide you with excellent legal counsel. We treat every case as though it may go to trial while using our negotiation skills to resolve the matter as efficiently as possible. Contact Woods Lonergan today to learn more about our breach-of-contract services.

Woods Lonergan PLLC helps clients with breach of contract matters throughout NYC including the boroughs of Manhattan and Brooklyn.