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Contract Disputes

Breach of Contract Litigation

Bergstein Flynn & Knowlton PLLC has extensive experience litigating contractual disputes in New York Courts. While breach of contract disputes are not uncommon in the business world, they have the ability to threaten the stability of a business, so it is essential that they are handled in a professional way. Some of these situations can be resolved through skilled negotiation, but oftentimes the dispute can only be resolved through litigation.

Our vast experience includes construction contracts of various types, including architectural/engineering agreements, construction manager agreements, GMP contracts, and design-build contracts, among others.

What Constitutes Breach?

There are four basic elements needed as a cause of action for breach of contract in New York:

  • Formation of a contract between plaintiff and defendant
  • Performance by the plaintiff
  • Failure to perform the terms of the contract by the defendant
  • Resulting damage to the plaintiff’s business or interests from the defendant’s failure to perform

Only if these four elements are met can the plaintiff sue the defendant.

Disagreements Regarding Contract Interpretation

How a contract should be interpreted is often at the core of a contractual dispute. Sometimes there is no clear answer, and requires looking to case law or precedent. Sometimes, contracts are even held by courts to be invalid. Reasons for this result include failure to satisfy the basic requirements of a contract or, occasionally, fundamental unfairness. We can advise you on the contract in question, and represent you in seeking resolution of the dispute.

What Can You Do?

Remedies ordered by a court in a business lawsuit include:

  • Compensatory Damages
  • Liquidated Damages
  • Rescission
  • Specific Performance