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Law Offices of Jonathan M. Cooper

Q:
What should I do if the party to my New York contract disagrees about the meaning of a provision and is in breach of the agreement?

A:

In New York, courts will often find in favor of the non-drafting party when a New York contract contains an unclear provision. Whether a contract term is truly ambiguous will be decided by the court. If the parties to your contract are in disagreement over the meaning of a provision and you believe the party may be in breach of the agreement as a result, it is vital that you act quickly to protect your legal rights. Consider taking the following actions:

  • Contact an experienced New York breach of contract attorney right away. Be sure to hire a legal professional who is knowledgeable about the intricacies of New York contract law.
  • Obtain a copy of the agreement and all related documents.
  • Gather evidence that supports your belief as to the intent of the agreement and the provision in question.
  • Maintain records of communications between the parties.
  • Gather evidence that indicates the context of the agreement, including customs, practices, usages, and terminology within your particular trade or business

Your attorney will help to assess whether the specific provision could reasonably be interpreted in a different manner, and assist with creating a strategy accordingly.

Breach of contract matters are complex and are subject to a statute of limitations under New York law. It is vital that you not delay in seeking legal assistance. For more information about a breach of contract claim involving ambiguous contract provisions, contact a New York business litigation attorney today. Call our office at (888) 497-3410 for a consultation.