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Aug 7, 2018

NYC Breach of Contract Lawyer

Individuals and organizations negotiate contract terms every day. Some contracts have simple terms, such as the exchange of a set sum of money for a good or service. Other contracts are more complex. Contracts might last indefinitely or have a specified start and end date. It’s possible for contracts to require a party to refrain from certain behaviors or engage in certain behaviors. When one party fails to adhere to the responsibilities agreed upon in the contract, it may be time to get in contact with a Breach of Contract Lawyer.

Breach of Contract Defined

Contract terms can become very complex. Usually, contracts are drafted by attorneys with great care and attention to detail. Every party represented in a contract is entitled to legal counsel. This legal counsel will review the contract terms to ensure that it’s understood, binding, and legal.

Even though contract drafting is done with a great deal of care, it’s still possible for issues to arise. Whether through intentional acts or honest mistakes, one party may breach a contract’s terms. For example, they might fail to provide goods in the agreed-upon time. Alternatively, one party might fail to make their agreed-upon payment at the right time. No matter which party breached the contract, the results are the same: The contract terms have not been upheld. When this occurs, the party that didn’t breach the contract has the right to legal reparations for their losses.

Many contracts are written with the potential for a breach in mind. There are attempts made to mitigate the possibilities of a breach occurring. These attempts might include legal stipulations regarding which jurisdiction will settle court disputes. It might also involve giving the other side notice about the breach of contract. Some contracts will include a requirement that alternative forms of dispute resolution are attempted before a lawsuit is filed.

Not all contracts include such terms, though. Regardless of the terms included, the wronged party has the right to seek legal redress. Their means of doing so may simply be limited by the contract terms.

People Who May Need Assistance Regarding Contract Breaches

 

  • Individual consumers whose contract has not been upheld by a company or organization
  • Business owners who have had suppliers, partners, or employees violate their contracts
  • Contractors struggling to obtain agreed-upon payments for their work from individuals
  • Small business entrepreneurs dealing with different investment contracts
  • Any other individual who has signed a written agreement and found that the other party did not adhere to the terms

Recourse Possibilities After a Breach of Contract

When you get in touch with a lawyer, they’ll familiarize themselves with the terms of the contract and the circumstances at hand. They will then explain your options, given the contract terms and the type of breach. You might be able to avoid filing a lawsuit by going through different negotiation channels.

If another party has broken their contract with you, you’re entitled to restitution. The form that the restitution takes will vary depending on the type of contract, the severity of the breach, and any lawsuit-detaining clauses outlined. These are the most common forms of relief:

  • Relief Paid Through Damages – The first, and most common, contract breach remedy is payment of damages. The damages a party suffered will be broken into a number of categories, but all mean the same basic thing: The party who breached the contract must repay the party who did not. The damages amount will be calculated based on exactly what was lost to the non-breaching party. Alternatively, the non-breaching party has the potential to win punitive damages. In these cases, they’re entitled to compensation beyond the amount of money they lost.
  • Specific Performance – This is a type of remedy that is often invoked when a contract’s terms are unusual or unique in some way. If damages wouldn’t sufficiently restore what the non-breaching party lost, the court might order specific performance instead.
  • Cancellation and Restitution – This is the third most common form of relief. When this method is invoked, the contract is canceled, and the breaching party must pay the non-breaching party back for any assets that were transferred between them.

No matter what type of contract you have, or what the specific outlined terms are, these potential remedies are available if the other party breached their terms. However, it’s important to get in touch with an attorney who can navigate the law. Individuals and companies don’t know the finer details of contract law. They don’t know what the court and negotiation procedures are, how to present a case, or how to calculate their damages.

For this reason, it’s essential that you get an attorney involved in the situation. Your attorney’s job is to understand how to negotiate contract law. Their goal is to find a solution that satisfies you and repays you what you lost. In many cases, an experienced and skilled attorney can navigate you through a contract negotiation without needing to file a lawsuit. This is ideal, since lawsuits can drag on for years and tie up thousands of dollars in legal fees.

Any filed lawsuit for a breach of contract will be complicated. There might be a considerable time period before a resolution is found. Attorneys who understand the process can streamline the negotiations.

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Manhattan

85 Broad Street, 30th Floor
New York, NY 10005

Phone

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Queens

35-37 36th St,
Astoria, NY 11106

Phone

888-977-6335

Brooklyn

195 Montague St.
14th Floor,
Brooklyn, NY 11201

Phone

888-977-6335