New York City Breach of Contract Lawyers

We Can Help You Seek Damages When the Other Side Fails to Meet Its Contractual Obligations

Contracts are the lifeblood of New York City’s businesses. Companies rely on contracts to hire and retain key employees, obtain necessary materials, and even rent or lease their office space. And while it is still possible to enter into oral contracts or handshake agreements, the majority of business contracts are executed in writing so that there is no misunderstanding as to the obligations of both parties.

Unfortunately, even with a written contract there are still many scenarios where one or both sides do not fulfill their respective ends of the bargain. If you are in such a situation, our New York City breach of contract lawyers can help. Carey & P.C., is a New York employer law firm that can advise and represent you in a breach of contract dispute. Whether you are seeking monetary damages or some other form of relief, we can review your contract, suggest the best course of action for resolving your dispute, and make your case before a judge or arbitrator.

What Is a Breach of Contract in New York City?

Under New York law, a breach of contract requires four things:

1. There was a valid and enforceable contract between the parties.
2. The plaintiff–the party alleging the breach–performed their obligations under the contract.
3. The defendant–the party accused of the breach–did not perform their obligations.
4. The plaintiff suffered legal damages as a result of the defendant’s failure to perform.

Not all breaches of contract are the same. Some breaches are considered relatively minor and easily remedied. Other breaches are far more serious and may entitle the plaintiff to terminate the contract altogether. Here are just a few examples:

• The defendant fails to perform their contractual obligation. Let’s say you hire a contractor to perform some work on your property. The contractor never shows up.
• The defendant only partially complies with their contractual obligation. For example, you sell goods to a customer. They agree to pay you in full within 60 days. But when the deadline comes, they only pay you some of the money. Alternatively, they pay you in full but after the deadline. Either way, there has been a breach of contract.
• The defendant performed their obligations but in a way that still did not satisfy the contractual requirements. Also known as “inadequate performance,” this is essentially a breach of contract where you did not get the degree of quality that you bargained for.
• The defendant lied to you when you were negotiating the contract. Consider the used car dealer who sells you a lemon. The dealer made material misrepresentations about the car to get you to buy the vehicle. Once you drive it off the lot, however, you find out there a host of mechanical issues that the dealer knew about but never disclosed. You could sue for breach of contract based on misrepresentation or fraud.

Remedies for a Breach of Contract in New York City

Breach of contract claims are civil in nature. This means that while the police will not arrest someone for cheating you on a contract, you can ask a judge to order the breaching party to pay damages. The purpose of damages is to “make you whole” as if the defendant had actually performed their obligations under the contract.

Depending on the specific terms of the contract and the particular facts of a case, damages for a breach may include:

• Compensatory Damages: These are your direct financial losses arising from the breach.
• Consequential Damages: These are your indirect losses. Essentially, consequential damages reflect the losses that both sides understood could occur if the defendant failed to perform their obligations. For instance, a business’ lost profits due to a contractor’s failure to complete necessary construction work can be claimed as a form of consequential damages.
• Liquidated Damages: Many contracts contain clauses providing for a specific amount of compensation that one party must pay the other in the event of a breach. This is known as liquidated damages. Unlike compensatory or consequential damages, the plaintiff does not need to prove any actual losses to claim liquidated damages.
• Specific Performance: Some contracts also allow for the possibility of specific performance, which is where a court can compel the breaching party to actually fulfill its contractual obligations.

Contact Carey & Associates Today

Breach of contract disputes are often more complicated than parties realize. One reason for this is that many New York City contracts contain language requiring arbitration or some other form of alternative dispute resolution that preempts the right of either party to file a lawsuit in the event of a breach. This is just one reason it is important to consult with an experienced New York City breach of contract lawyer if you are involved in a contractual dispute. Call Carey & Associates, P.C., today at (914) 705-5427 to schedule a free initial consultation.