WHAT WE OFFER

We are a small firm that offers legal services at a high level of skill and sophistication.

We attempt to resolve business disputes in a practical and sensible manner.

We will help you articulate and vigorously pursue a realistic business and litigation objective.

We work efficiently and cost effectively and avoid needless duplication of effort.

Business & Commercial Litigation

Business & Commercial Litigation

Intellectual Property Litigation

Intellectual
Property
Litigation

Representation of Employees & Employers

Representation of Employees & Employers

Icon Phonecontact us today212-697-2715
Email Us
[et_pb_stop_stacking _builder_version=”3.29.3″ disabled_on=”on|on|on” disabled=”on” _i=”1″ _address=”3.0.0.1″ /]

Maps and Direction

banner mobile

When is breach of contract a “material breach”?

On Behalf of | Aug 10, 2017 | Contract Disputes |

New York businesspeople rely on their customers, clients and vendors to keep their promises or to renegotiate agreements if the current ones are not working out. These promises and agreements are called contracts, and our legal system recognizes the importance of these contracts and the importance of the parties adhering to them. When at least one contract term has been violated by a party, the contract is said to have been breached. But, how do courts respond to contract breaches?

If one party performs a duty under a contract but performs it later than it is supposed to, the contract has probably been breached. Can the other party recover damages as a result of this breach of contract? It depends. Let’s say a construction supplier is supposed to provide materials to a contractor by close of business on a Wednesday. The materials are instead provided on Thursday morning. Unless the contractor can show that it suffered monetary loss as a result of the breach, the breach will probably be considered immaterial, and the contractor probably won’t be able to recover damages.

If the contractor needs the materials at a certain time, it can negotiate a contract term indicating that time is of the essence. Now, if the materials are delivered too late, the contractor has a better case that the breach was material and that damages should be recovered.

A contract dispute can greatly affect the business of a New York company. Contract disputes can be resolved in a number of different ways, including negotiation and litigation.

Post Type: Q&A

Brand Side

Arthur R. Lehman, L.L.C.
60 East 42nd Street
Suite 4600
New York, NY 10165

Phone: 212-697-2715
Fax: 646-390-6497
New York Law Office Map

FindLaw Network