Breach of Contract

NYC Breach of Contract Attorney for Settlement Negotiations, Alternative Dispute Resolution (ADR) and Litigation

Contract disputes can disrupt business operations and threaten business relationships. In some cases, they can also threaten businesses’ viability as a going concern. However, amicable resolutions are possible in many cases as well—and, oftentimes, it will be in both parties’ best interests to reach a mutually agreeable outcome. If your business is facing a contract dispute, NYC breach of contract attorney Daniel Knox can help you pursue the best path forward.

Mr. Knox has extensive experience representing businesses in contract disputes in New York City. His experience includes negotiating amicable resolutions that preserve valuable business relationships, representing businesses in contractually mandated alternative dispute resolution (ADR), and representing businesses in court. Whether you need to pursue a breach of contract claim or defend against an alleged breach, Mr. Knox can use his experience to efficiently target a favorable resolution in light of the facts and circumstances at hand.

Types of Breach of Contract Cases We Handle

We handle all types of breach of contract cases in New York City. With a diverse client list that includes businesses in a wide range of industries, our practice includes serving as both plaintiff’s counsel and defense counsel for disputes involving:

• Commercial leases
• Commercial lending and financing agreements
• Customer contracts
• Employment and independent contractor agreements
• Franchise agreements
• Intellectual property license agreements
• Partnership agreements
• Shareholder agreements
• Software license agreements
• Vendor and supplier contracts

These types of commercial agreements—among many others—can give rise to a wide range of disputes. If a counterparty has breached an agreement with your company (or if you have reason to believe that a counterparty may have breached an agreement with your company), NYC breach of contract attorney Daniel Knox can examine the contract to determine your business’s legal rights and legal options.

If your business is facing allegations of breaching a commercial contract, Mr. Knox can evaluate the allegations in light of the relevant contractual language and build a defense strategy based on the circumstances at hand. In some cases, this may involve negotiating a settlement that mitigates the consequences of an inadvertent breach. In others, it may involve disputing the allegations in ADR or in court.

Common Issues in Commercial Contract Disputes

When your business is facing any type of commercial contract dispute, making informed decisions starts with gaining a clear understanding of both the factual and legal issues involved. This, too, requires experienced legal representation. Commercial contract disputes frequently involve issues including:

Performance and Payment Obligations

Many breach of contract cases involve performance and payment disputes. If one party claims to be entitled to payment and the other claims it isn’t obligated to pay due to deficient performance, this can lead to a contentious dispute that needs to be resolved before the parties can move forward. Depending on the circumstances, moving forward may involve negotiating a resolution that preserves the business relationship, or it may involve the parties going their separate ways (once any damages have been paid).

Confidentiality Obligations

Breach of confidentiality is a common claim in breach of contract cases as well. Along with standalone non-disclosure agreements (NDAs), many types of commercial contracts routinely include confidentiality clauses that restrict one or both parties’ disclosures. Breaches of confidentiality can lead to substantial business losses, and prompt legal action can be essential for mitigating the costs and risks involved.

Non-Competition and Non-Solicitation Obligations

Along with breaches of confidentiality, breaches of contracting parties’ non-competition and non-solicitation obligations can also lead to substantial business losses. These types of breaches will often warrant claims for immediate injunctive relief as well as substantial damages. However, non-competition covenants are subject to certain limitations under New York law, and overbreadth (among other issues) can serve as a defense to liability in some cases.

Intellectual Property Rights

Breaches of contractual restrictions on the use of a party’s intellectual property can create substantial liability exposure as well—and they can also warrant claims for preliminary injunctive relief. Intellectual property disputes frequently arise in connection with franchise agreements, software license agreements, and various other types of commercial contracts.

Representations and Warranties

Breaches of representations and warranties are common causes of action in breach of contract litigation. They are also common triggers for mediation and arbitration under commercial contracts’ mandatory ADR provisions. Representation and warranty claims are often highly fact-specific; as a result, gaining a clear and comprehensive understanding of the relevant facts is a critical first step toward deciding what claim(s) or defense(s) to assert.

Default, Right to Cure, and Termination

Defaults under commercial leases and other commercial contracts can justify early termination in many cases. However, these contracts will often also include provisions that provide a right to cure. Disagreements regarding what constitutes a default, whether a cure was sufficient, and whether an early termination is “wrongful” can all lead to contentious disputes that require mediation, arbitration, or litigation to resolve.

Indemnification Obligations

Many breach of contract cases implicate the parties’ indemnification obligations as well. Indemnification clauses shift liability between contracting parties; and, as a result, they can have significant financial implications in the event of a dispute. In many cases, disagreements regarding the interpretation of indemnification clauses will need to be resolved before the parties can address any underlying issues.

Again, these are just some of the most common examples of issues in breach of contract cases. At Knox Law Group, we handle all types of contractual disputes in New York City. If your business is dealing with any type of breach (or alleged breach), we encourage you to contact us to discuss what we can do to help.

Schedule an Appointment with an NYC Breach of Contract Attorney Today

Do you need to speak with an attorney about a contractual dispute in New York City? If so, we invite you to get in touch. NYC breach of contract attorney Daniel Knox can help you understand your options and make informed decisions about your next steps. To schedule a confidential consultation as soon as possible, contact us online today.