When you sign a contract, you have faith that all parties involved will follow through and do what they say they’ll do. Unfortunately, that doesn’t always happen. A breach occurs when one party defaults on their contractual requirements. When this happens, a breach of contract lawyer helps you get your desired outcome. The breach of contract attorneys at Albert Maimone & Associates, P.C. are the best in the New York City area. Call this boutique law firm for a free consultation from a lawyer in Queens for breach of contract who offers dependable advice and skilled representation.
Why Do I Need a Breach of Contract Attorney?
The legalese used to create leases and contracts is difficult to decipher. A breach occurs when one party on a contract breaks the agreement. A breach of contract lawyer explains the details and provides the services you need as you take the next steps once a breach has occurred.
Get answers to your contract questions from the professionals who spend their days studying the various civil litigation laws in New York City. Seek out the boutique law firm of Albert Maimone & Associates law practice. You’ll find top breach of contract attorneys who offer dependable advice and skilled representation for both individuals and businesses in College Point and throughout all five NYC boroughs.
How Do I Recognize a Contract Breach?
When you understand the conditions required for your contract, you can recognize a breach. A contract is a legally binding agreement made between two or more parties. The terms within the contract detail what each party is expected to do to fulfill the agreed-upon promise. Contracts you may encounter as a tenant or landlord include:
- Employment contracts
- Commercial leases
- Refinancing and borrowing contracts
- Settlement agreements
- Construction contracts
- Probate and estate contracts
- Buying or selling a business
A breach of contract happens when one party doesn’t carry out the arrangements stipulated in the document. Examples of actions that contribute to a breach include:
- Non-payment of rent
- Allowing mold to grow in a residence
- Creating uninhabitable premises
- Raising rent on protected properties
- Failing to complete repairs or services
A contract may be written or oral, although oral contracts are more difficult to prove should a breach occur. When creating or signing a written contract, always consult breach of contract lawyers familiar with the standard practices in New York.
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Are There Different Breaches of Contract?
Once you realize that a contract has been breached, your lawyer for breach of contract determines the type of breach. The four types recognized by the law involve:
- Minor/partial breach. This happens when one party fails to perform some part of the contract.
- Material/substantial breach. When one party ends up with something significantly different than was presented in the contract, it’s a substantial breach.
- Actual breach. This is where one party refuses to fulfill or complete their promise.
- Anticipatory breach. This happens when one party announces an intent to not fulfill their side of the bargain.
Within each type of contract breach, different conditions and situations determine the right course of action. If you’re faced with a situation that you believe is unfair or unlawful, your NYC breach of contract attorneys step in to represent you in mediation or in court.
What Outcomes Can I Expect if I Win?
The results of your lawsuit for breach of contract depend on the specific details of your case. The court may determine you are due a remedy, a type of legal award issued to a plaintiff. If you’re successful in proving a breach, the remedy typically includes resolutions such as:
- Cancellation of the contract
- Payment of legal fees
- Payment of monetary damages
- Requirement to fulfill obligations or performance
- Compensation for unfair or unlawful business practices
Restitution may also depend upon the jurisdiction in which the case is tried. The statutes in many states require attorney’s fees to be paid by the party who breached the contract. Attorneys for breach of contract review your case and discuss the results you can expect.
Can I Be Released from a Contract?
You’re not always liable for breaching the terms of a contract. Certain conditions contained within the agreement may cause the court to void the contract entirely, such as:
- Requirements that unfairly punish or reward one party
- Activities that are Illegal
- Actions that restrict a party’s rights
- Requirements that are impossible to perform
- An agreement that’s invalid or non-binding
In some instances, conditions within a contract also cause it to be voided, such as agreements made:
- By a party deemed incompetent
- Under extreme pressure
- With a minor
- Under a misunderstanding
Contracts also can be voided or deemed invalid under situations such as:
- A change in circumstances
- An overriding event
- Misrepresentation or fraud
As you see, contract law is complex, dealing with everything from simple wills to thorny disputes between tenants and landlords. Breach of contract attorneys consider the particulars of each case individually.
How Much Does a Lawyer For Breach of Contract Cost?
The breach of contract lawyers at Albert Maimone & Associates provide an initial consultation at no charge. After that, the legal costs involved depend upon some basic elements, such as:
- Your location
- The type of contract
- The terms in the contract
Some cases are resolved without the additional expense and time of going to court. These alternative methods provided by your breach of contract attorney include mediation, arbitration or a settlement. If the case does require litigation in court, the costs involved depend on things like court fees and attorney billing rates.
What Can a Breach of Contract Attorney Do for Me?
A breach of contract attorney provides you with an array of services. You can expect them to be available for:
- Reviewing a contract before you sign
- Advising you in contract disputes
- Preparing all the legal documents required
- Representing you at mediations or arbitration
- Representing you if the case goes to court
Whether you think a contract hasn’t been honored or you find you can’t fulfill the terms of a contract, it’s difficult to know what steps to take. Therefore, seek legal counsel from breach of contract lawyers in Queens, NY as soon as possible when you anticipate a contract dispute. Contact a breach of contract attorney at Albert Maimone & Associates in College Point, Queens if you need experienced lawyers who understand contracts. Your attorneys handle cases in all five boroughs of NYC, as well as in Nassau and Suffolk counties. They’ll review your legal matter within 48 hours. This team of attorneys is focused, dedicated and hands-on.