Q: The other party to my New York contract is disputing the meaning of certain provisions in the agreement. What should I do?
Under contract law in New York, if the language in an agreement is ambiguous, a judge will analyze the facts of the particular case to determine what the clause in question means. The judge will look at the totality of the circumstances when making his or her determination. Therefore, when the language is clear, it is easier to prevail in a breach of contract action in New York. If the other party to your agreement has breached the contract as you believe it reads, take the following actions:
- Contact an experienced New York breach of contract attorney. These cases are often complex and require the knowledge and guidance of an experienced professional.
- Gather the entire agreement so that your legal professional can assess the clarity of the provision in question as a whole.
- Determine whether there is any reasonable basis for a difference of opinion.
- Assess the overall intention of both parties to the agreement.
- If it appears possible that the provision is truly unclear, gather all facts that surround the agreement for your attorney. Assess what the clause may mean, given these surrounding facts and circumstances.
- Consider filing a breach of contract action in New York.
Contract law in New York is often complex. Fortunately, an experienced New York business litigation attorney can assist you in protecting your legal rights. For more information about breach of contract and the ambiguity of certain provisions, call our office today at (888) 497-3410. We are pleased to offer a free consultation.