CALL US 24/7! (646) 386-0990

Understanding Breach of Contracts in New York: A Guide

by | May 12, 2023

Contracts form the backbone of many business transactions, agreements, and relationships.
They provide a sense of security and predictability in a world of uncertainty. However, when one party fails to fulfill its obligations under the contract, it can lead to a breach of contract. Breaches of contract can cause significant harm to businesses, both financially and reputation-wise. In this article, we will provide an overview of what constitutes a breach of contract in the state of New York.
What is a breach of contract?
A breach of contract occurs when one party to a contract fails to perform its obligations under the agreement. This failure can be either a partial or complete breach of the contract. When a breach occurs, the non-breaching party may be entitled to damages or other remedies under the law.
Types of breaches of contract:
There are two main types of breaches of contract: material and non-material. Material breaches are significant violations of the terms of the contract that go to the core of the agreement. Non-material breaches are less significant violations that do not go to the heart of the agreement.
Material breaches:
Material breaches are serious violations of the terms of the contract that deprive the non-breaching party of the benefit of the agreement. Examples of material breaches include:
• Failure to deliver goods or services as promised
• Failure to pay for goods or services as agreed
• Failure to perform the work or services in a timely manner
• Failure to meet quality standards or specifications
Non-material breaches:
Non-material breaches are less significant violations of the contract that do not go to the core of the agreement. Examples of non-material breaches include:
• Minor delays in performance
• Minor variations from the specifications
• Failure to provide timely notice of changes in the scope of work
Remedies for a breach of contract:
When a breach of contract occurs, the non-breaching party may be entitled to various remedies under New York law. The most common remedies include:
  • Monetary damages: The non-breaching party may be entitled to recover damages for any losses suffered as a result of the breach. The damages may include the cost of the goods or services not delivered, lost profits, and other expenses incurred as a result of the breach.
  • Specific performance: In some cases, the non-breaching party may be entitled to an order requiring the breaching party to fulfill its obligations under the contract.
  • Rescission: The non-breaching party may be entitled to rescind the contract, which means that the parties are released from their obligations under the agreement.
Breaches of contract can have significant consequences for businesses in New York. Understanding what constitutes a breach of contract and the available remedies can help businesses protect themselves and their interests. If you believe that you have suffered a breach of contract, it is important to consult with an experienced business law attorney to explore your legal options.
Don’t let a corporate litigation matter disrupt your business operations or affect your reputation. If you are interested in more information and would like to speak with a legal professional at Pitcoff Law Group, PC, call: (646) 386-0990 or email: info@pitcofflawgroup.com today. We would be happy to assist you.