The attorneys at Qadeer & Sheikh represent numerous individuals and business entities in breach of contract matters. We usually handle cases that are in the Special Civil Division or the Law Division, the latter of which are where the matter in dispute is over $15,000.00.
Contract breaches can result in substantial hardships to any individual or business entity. If you are faced with a breach of contract lawsuit, you will need to know the right steps to take and the remedies available to protect your interests.
Many breach of contract claims involve elements such as:
* Validity of contract terms
* Breach of contract terms
* Damages
* Failure to complete work on time
* Performing part of the work but doing it properly
In New Jersey, several breaches of contract may also open the door for a party to allege a breach of the New Jersey Consumer Fraud Act, which could possibly entitle you to treble (three times) the damages!
To succeed with a breach of contract claim, it must be proven that the contract was valid and that a material violation of the contract terms occurred. It must also be proven that a party experienced a loss as a result of the breach of contract. We can assist with every element of these types of cases.
REMEDIES FOR BREACHES OF CONTRACT
Various circumstances can result in a breach of contract. In many cases, the breach of contract is the result of one party failing to pay money that is owed to another party of the contract. As a plaintiff in a breach of contract case, you will need to identify the breaching party and prove your damages. If you are the defendant, our firm can discuss with you the various available defenses.
One thing to keep in mind is that civil claims require you to file within the appropriate time period. This is called the Statute of Limitations. In New Jersey, these are some of those limitations, keeping in mind that there are some exceptions:
▪ Breach of Contract: Six years for non-sales contracts and four years for contracts for the sale of goods under the Uniform Commercial Code.
▪ Tortious Interference with a Contract: Six years.
▪ Unjust Enrichment: Six years.
▪ Fraud: Six years. Claims under the New Jersey Consumer Fraud Act are also subject to a six-year statute of limitations.
▪ Negligence: Two years for personal injury claims and six years for property claims.
▪ Trade Secret Misappropriation: Six years.
If you face a breach of contract claim, remedies are available to resolve the dispute in your favor. You can collect monetary damages that are composed of compensatory damages, which are meant to reimburse the non-breaching party for losses. Equitable remedies are also available, which require the defendant to take some type of action.
If you have a breach of contract matter, please reach out to our office and set up a free consultation with one of our attorneys so we can guide you accordingly.