How a Breach of Contract Lawyer in Brooklyn, NY Can Help You
Each and every day, companies large and small in Brooklyn depend upon contracts and resolving business disputes through the terms set forth in binding contractual agreements. Whether your business focuses on services, supplies, or other business matters, it is vitally important that your interests and long-term objectives are protected in your contracts.
If another business or third party has breached the terms of a contract, you should retain the services of an experienced and skilled Brooklyn breach of contract attorney to protect your rights and seek restitution for your harms and losses.
What Exactly is a Breach of Contract?
Cases in New York have established the legal elements that would create a cause of action for breach of contract. Those legal elements include:
- formation of a contract between plaintiff and defendant;
- performance by the plaintiff,
- defendant failed to perform pursuant to the terms of the contract; and
- the defendant’s failure to perform resulted in actual damages.
These legal elements have been affirmed and validated in a variety of long-standing legal cases. See, e.g., JP Morgan Chase v. J.H. Elec. of N.Y., Inc., 69 A.D.3d 802, 803, 893 N.Y.S.2d 237 (2d Dep’t 2010) and Furia v. Furia, 116 A.D.2d 694, 498 N.Y.S.2d 12, 13 (2d Dep’t 1986).
Issues that May Lead to a Breach of Contract Claim
Below is an overview of the types of issues that often precipitate a breach of contract claim in Brooklyn:
- Fraud in the formation or performance of the contract;
- Duress in the formation of the contract;
- Challenging the legality of the contract; and/or
- Materials errors or omissions made by a party that signed on to the contract
How to Take Legal Action on a Breach of Contract Claim
If you want to file a civil claim alleging breach of contract, there are a myriad of steps that need to be taken to ensure you comply with the rules of the court. Though, there may also be contractual provisions stipulating mandatory mediation or arbitration before a lawsuit can be pursued. This is why it is important to sit down with an experienced contract attorney in Brooklyn to examine the specific terms of the contract to assess your legal options. For example, there are a set of pleading requirements that must be met.
In many instances, a contract dispute involves either allegation of a material breach or disagreement over the terms and obligations associated with a contract.
Depending on the specifics of the contract, you may need to retain expert witnesses to help clarify complex or industry-specific contractual terms or to help explain the standard of practice in a particular industry when important terms are omitted from a contract.
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Legal Remedies for a Breach of Contract
If a contract was breached, there are a variety of potential civil remedies that you can pursue from a court. For example, you could seek the following forms of financial restitution, and other restitution, for your harms and losses:
- Compensatory Damages (i.e. Monetary Damages)
- Liquidated Damages (i.e. Another Form of Monetary Damages)
- Specific Performance (i.e. Demanding the Other Party Perform In Accordance with the Terms of the Contract)
Speak to an Experienced Brooklyn Contract Attorney with the Bukh Law Firm Today
The Bukh Law Firm is experienced in negotiating, drafting, and modifying contractual agreements. Our legal team understands how important it is to clearly establish what each party wants from a contractual agreement, and what legal remedies will be pursued if a contract is breached. If you find yourself in this situation, the Bukh Law Firm is here to help.
Our firm is unique because we are not simply a group of attorneys, paralegals and legal consultants. We are actually a team of skilled and savvy legal professionals focused on meeting the needs of our clients. The Bukh Law Firm stands ready to serve clients in Brooklyn, NY. Contact us today.