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Law Offices of Jonathan M. Cooper

Q:
Is a failure to fulfill the obligations under a New York contract within a certain period of time an automatic breach of the agreement?

A:

Not necessarily. While, in many instances, a New York breach of contract claim may be the result of one party’s failure to fulfill its obligations in time, this is not always the case. A breach of contract claim is not necessarily black and white. For this reason, it is vital that you seek the guidance of an experienced New York business litigation lawyer if the other party to your contract failed to fulfill its obligations within the agreed upon time limit.

Once consulting with your attorney, he will review the facts and circumstances surrounding your matter to determine whether you might have a potential claim. The attorney will consider whether any of the following examples might apply:

  • The contract may include a clause that addresses the obligations and liabilities of both parties in the event of an extraordinary circumstance beyond the control of either party. An example would be a strike, war, riot, crime, or hurricane.
  • The contract may include language that addresses what should happen under other circumstances in which the obligations cannot be met, such as an option to extend the deadline or an automatic extension.
  • One party’s inability to complete the tasks within the agreed-upon timeframe may be a direct result of a negligent act on the part of the other party.
  • The contract’s provisions relating to the deadline may be vague or ambiguous.

For more information about bringing a breach of contract claim, contact a New York business litigation attorney today. Call our office at (888) 497-3410 for a consultation.