If your business has suffered losses due to another party’s failure to fulfill its contractual obligations, turn to Levy Goldenberg LLP. Our firm has extensive experience representing businesses throughout Manhattan and the greater New York City area in breach of contract claims.
We understand the challenges of prevailing in breach of contract cases and have a demonstrated track record of success in arbitration and court proceedings. Trust us to provide strategic, effective representation, whether you are the breaching or non-breaching party.
While we work to resolve contract disputes through negotiations, we are always ready to litigate to achieve the desired outcome. Rest assured, we will protect your interests in and out of the courtroom. Contact our breach of contract lawyers in Manhattan today.
About Breach of Contract in New York
A contract is a legally enforceable agreement between two or more parties that includes an:
- Offer by one party
- Acceptance of the offer by another party
- Exchange of consideration between the parties
The consideration is typically something of value, for example, money in exchange for goods or services. Breach of contract occurs when one party fails to fulfill its contractual obligations.
There are several types of breaches, including
- Minor breach – One party fails to perform part of the contract but does not (1) breach the entire agreement and (2) prevent the parties from fulfilling their remaining contractual obligations. A minor breach may not entitle the injured party to sue for damages if they are minor and make a lawsuit impractical.
- Material breach – A serious violation that (1) adversely affects the parties, (2) prevents them from fulfilling their obligations, and (3) undermines the entire agreement. The non-breaching party is permitted to stop performing its contractual obligations and sue for damages.
- Anticipatory breach – One party to a contract indicates through words or actions that it cannot fulfill its contractual obligations. The non-breaching party must mitigate its losses and not incur additional expenses. Otherwise, that party may not be able to recover any additionally incurred damages.
What Is Bad Faith?
Parties that enter agreements must act honestly, fairly, and in good faith. A party that fails to do so may be liable for a breach of good faith, which differs from a breach of contract. Bad faith does not violate a specific provision of the contract but the intent of the agreement. For example, bad faith claims are common in insurance litigation when an insurer fails to pay the full value of a claim.
In short, a breach can occur in many ways, but the law views breaches differently. Regardless of the type of breach, it takes an experienced breach of contract attorney to protect your rights and interests. Our firm serves Manhattan and the five boroughs area and works to resolve contract disputes through negotiation and litigation to help you achieve a positive judgement.
Do I Have a Valid Breach of Contract Claim?
To have a valid breach of contract claim, we must prove the following elements:
- The existence of a valid, enforceable contract between the parties
- The material performance of your contractual obligations
- The other party’s failure to fulfill its obligations to you
- Actual damages, such as monetary loss, as a direct result of that breach
At Levy Goldenberg, we leverage our knowledge and experience litigating contract disputes to demonstrate the elements of breach of contract. You can depend on our legal team to enforce the agreement and protect your interests.
Legal Remedies for Breach of Contract
Depending on the circumstances, the non-breaching party may be awarded damages, such as:
- Compensatory damages to restore the non-breaching party to the financial position it would have been in had the breach not occurred
- Consequential damages to compensate the non-breaching party for reasonably foreseeable future losses, for example, reimbursement for lost business.
- Liquidated damages if the contract includes provisions for such damages that be difficult to quantify
Other remedies for breach of contract include:
Specific Performance
The court orders the breaching party to perform its contractual obligations, for example, providing a service. Courts typically award specific performance when:
- Monetary damages will not sufficiently compensate the injured party, and
- The value of the obligation is difficult to determine
Rescission
The court may invalidate the contract and return the parties to their previous position if (1) the non-breaching party cannot recover damages and (2) there is no other adequate remedy.
Contact Our Experienced Breach of Contract Attorneys in Manhattan
At Levy Goldenberg, we work to resolve breach of contract claims through negotiation or litigation. Whether your business is the breaching or non-breaching party, trust our team to find a real-world solution and protect your interests. Contact our New York City office today to schedule your initial consultation.
Levy Goldenberg LLP represents businesses in breach of contract disputes throughout New York, including Manhattan, Kings, Queens, Nassau, Suffolk, and Westchester Counties.