Contract Dispute Lawyer in New York
Protect Your Rights and Interests
A contract is a promise backed by the law. When the other party breaks that promise — whether it’s an employer refusing to honor a severance agreement, a business partner walking away from a deal, or a company violating the terms of an employment contract — you have the right to enforce it.
At Joya Law Firm, we represent individuals and businesses in New York City facing contract disputes across a range of industries and contexts. Founded by attorney Kamran Joya, our firm brings focused litigation experience to breach of contract claims, contract negotiations, and disputes involving employment agreements, business contracts, and entertainment industry deals. When someone breaks their word, we hold them to it.
What Is a Contract Dispute?
A contract dispute arises when one or more parties to a contract disagree about the meaning, performance, or enforcement of the agreement. Not every disagreement becomes a legal matter, but when one party fails to perform its obligations — or performs them inadequately — the aggrieved party may have grounds for a breach of contract claim.
Contract disputes can involve:
- Written contracts — formal agreements signed by both parties
- Oral contracts — verbal agreements that, in many cases, are legally enforceable in New York
- Implied contracts — obligations created by the conduct of the parties, even without a written or oral agreement
- Electronic contracts — terms agreed to via email, digital signature, or online acceptance
Whether the contract involves employment terms, a business transaction, or a creative industry deal, the legal principles are the same: a valid agreement existed, one party failed to uphold it, and the other party suffered harm as a result.
Types of Contract Disputes We Handle
Joya Law Firm handles a broad range of contract disputes for clients in New York City and beyond.
Employment Contracts
Employment agreements define the terms of the employer-employee relationship — compensation, benefits, job responsibilities, termination provisions, and more. Disputes arise when employers:
- Fail to pay agreed-upon salary, bonuses, or commissions
- Violate non-compete or non-solicitation provisions (or enforce overly broad restrictions)
- Terminate employees in violation of contractual protections
- Fail to provide agreed-upon equity, stock options, or partnership interests
- Breach confidentiality or intellectual property clauses
If your employer is not honoring the terms of your employment agreement, a New York employment lawyer can help you understand your options.
Non-Compete Agreements
Non-compete agreements restrict where and when you can work after leaving an employer. New York courts scrutinize non-competes carefully and will only enforce them if they are reasonable in scope, duration, and geographic area and serve a legitimate business interest.
We help clients who are:
- Bound by a non-compete and need to understand whether it is enforceable
- Being threatened by a former employer claiming violation of a non-compete
- Negotiating a new position and need to assess the risk of an existing non-compete
- Employers seeking to enforce or defend non-compete provisions
New York law continues to evolve in this area. While a statewide non-compete ban has been debated, enforcement standards remain case-specific and fact-intensive.
Severance Agreement Review and Negotiation
When your employment ends, your employer may present a severance agreement. These agreements typically offer compensation in exchange for a release of legal claims — including discrimination, retaliation, and wage claims. Before you sign, you need to understand:
- Whether the severance amount is fair given your tenure, role, and any legal claims you may have
- What rights you are waiving by signing the agreement
- Whether restrictive covenants (non-compete, non-solicitation, non-disparagement) are reasonable
- Whether the agreement complies with the Older Workers Benefit Protection Act (OWBPA) if you are 40 or older
- Whether you can negotiate better terms
We review and negotiate severance agreements to ensure you are not leaving money on the table or signing away valuable legal rights.
Independent Contractor Agreements
Independent contractor agreements govern the relationship between a freelancer or consultant and the hiring entity. Disputes may involve:
- Non-payment or late payment for completed work
- Scope of work disputes — the client demands more than what was agreed upon
- Intellectual property ownership conflicts
- Misclassification issues — when the “independent contractor” relationship is actually an employment relationship under the law
- Early termination without payment for work already completed
Business Contracts
Business-to-business contracts create binding obligations between companies, partnerships, and individuals in commercial transactions. Common disputes include:
- Partnership and operating agreement disputes — disagreements between partners or LLC members about profit sharing, management authority, or dissolution
- Vendor and supplier contracts — breach of delivery terms, quality standards, or payment schedules
- Lease disputes — commercial lease violations, early termination conflicts, or security deposit issues
- Service agreements — failure to perform contracted services to the agreed standard
Entertainment and Music Industry Contracts
The entertainment industry runs on contracts — and the stakes are high. Joya Law Firm has deep experience representing musicians, producers, artists, and industry professionals in disputes involving:
- Recording contracts — unfair terms, royalty disputes, or label obligations
- Publishing deals — rights to compositions, sync licensing disputes, and royalty collection
- Management agreements — commission disputes, scope of authority conflicts, and termination issues
- Licensing and distribution agreements — unauthorized use, underpayment, or breach of exclusivity
For a full overview of our entertainment industry services, visit our Music & Entertainment Lawyer page.
Elements of a Breach of Contract Claim in New York
To succeed on a breach of contract claim in New York, you must establish four elements:
A Valid Contract Existed
There must be a legally enforceable agreement. This requires:
- Offer — one party proposed specific terms
- Acceptance — the other party agreed to those terms
- Consideration — each party gave something of value (money, services, a promise)
- Mutual assent — both parties intended to be bound
Certain contracts must be in writing under New York’s Statute of Frauds (NY General Obligations Law § 5-701), including contracts that cannot be performed within one year and contracts for the sale of goods over $500.
You Performed Your Obligations
You must show that you fulfilled your contractual duties — or that you were excused from performance (for example, because the other party breached first).
The Other Party Breached the Contract
A breach occurs when one party fails to perform a material obligation under the contract. Breaches may be:
- Material breach — a significant failure that goes to the heart of the agreement, excusing the other party from further performance
- Minor breach — a less significant deviation that does not destroy the value of the contract but still causes damages
- Anticipatory breach — one party clearly communicates in advance that they will not perform their obligations
You Suffered Damages as a Result
You must demonstrate that the breach caused you actual harm — financial loss, lost opportunities, or other measurable damages.
Remedies for Breach of Contract in New York
New York courts provide several remedies for breach of contract, depending on the nature of the agreement and the harm caused.
Compensatory Damages
The most common remedy. Compensatory damages are intended to put you in the position you would have been in had the contract been fully performed. This includes:
- Expectation damages — the benefit of the bargain you lost
- Reliance damages — expenses you incurred in reliance on the contract
Consequential Damages
Also called “special damages,” these cover indirect losses that result from the breach — such as lost profits or lost business opportunities — if they were reasonably foreseeable at the time the contract was formed.
Specific Performance
In rare cases, a court may order the breaching party to actually perform their contractual obligations. Specific performance is typically reserved for unique situations where monetary damages are inadequate — such as contracts involving unique property or exclusive rights.
Rescission
Rescission cancels the contract entirely and restores both parties to their pre-contract positions. This remedy is appropriate when the contract was formed based on fraud, mutual mistake, or duress.
Attorney's Fees
In New York, each party generally pays its own attorney’s fees unless the contract includes a prevailing-party fee-shifting provision. Many employment and business contracts contain such provisions — we always review them carefully.
Statute of Limitations for Contract Disputes in New York
Time limits are critical. In New York:
- Written contracts: You have six years from the date of breach to file a lawsuit (CPLR § 213(2))
- Oral contracts: You also have six years to file (CPLR § 213(2))
- Contracts for the sale of goods (UCC): The statute of limitations is four years under the Uniform Commercial Code (UCC § 2-725)
While six years may seem like a long time, delays can weaken your case as evidence disappears and memories fade. If you believe a contract has been breached, consult with an attorney promptly.
The Litigation Process: From Demand Letter to Resolution
Not every contract dispute requires a trial. Here is a typical roadmap:
Case Evaluation and Demand Letter
We begin by reviewing the contract, the facts of the breach, and your damages. In many cases, we issue a demand letter to the breaching party — a formal notification that identifies the breach, quantifies the damages, and demands a specific resolution within a set timeframe.
Negotiation and Settlement
Many disputes resolve through negotiation after a demand letter. Settlement allows both parties to avoid the time, expense, and uncertainty of litigation. We negotiate aggressively to secure terms that fully compensate you.
Filing a Lawsuit
If negotiation fails, we file a breach of contract complaint in the appropriate court — typically New York State Supreme Court for claims exceeding $25,000, or Civil Court for smaller amounts. The complaint sets out the facts, the legal basis for your claim, and the damages you are seeking.
Discovery
Both parties exchange documents, answer written questions (interrogatories), and participate in depositions. Discovery often reveals evidence that strengthens your position and can push the other side toward settlement.
Motions and Pre-Trial
Before trial, parties may file motions — including motions for summary judgment, which ask the court to rule on the case without a trial. Many cases settle during this phase.
Trial or Settlement
If the case does not resolve earlier, it proceeds to trial before a judge or jury. However, the vast majority of contract disputes — well over 90% — settle before reaching this stage.
At Joya Law Firm, we prepare every case as if it’s going to trial, which puts us in the strongest possible position at every stage — whether we’re negotiating a settlement or presenting evidence in court.
Related Practice Areas
Contract disputes frequently overlap with other legal issues. Depending on your situation, you may also benefit from our experience in:
- Employment law — wrongful termination, discrimination, and wage claims related to employment contracts
- Lemon law — vehicle purchase contract disputes under New York’s consumer protection statutes
- New York litigation services — our full range of legal services for individuals and businesses in New York
Frequently Asked Questions (FAQ)
What constitutes a breach of contract in New York?
A breach of contract occurs when one party fails to perform a material obligation under a valid, enforceable agreement. This could be failing to pay for services, not delivering goods as promised, violating employment terms, or refusing to honor a non-compete or severance agreement. The breach must cause actual damages to the other party.
Can I sue for breach of an oral contract in New York?
Yes, oral contracts are generally enforceable in New York, and the statute of limitations is six years — the same as for written contracts. However, certain types of contracts must be in writing under the Statute of Frauds, including contracts that cannot be performed within one year. Oral contracts are also harder to prove, which is why documentation of the agreement’s terms is critical.
How long do I have to file a breach of contract lawsuit in New York?
For both written and oral contracts, the statute of limitations in New York is six years from the date the breach occurred. For contracts involving the sale of goods under the UCC, the deadline is four years. Missing these deadlines means losing the right to sue, so it is important to act promptly.
What damages can I recover for breach of contract?
You may recover compensatory damages (the financial harm caused by the breach), consequential damages (foreseeable indirect losses such as lost profits), and in some cases, specific performance (a court order requiring the breaching party to fulfill their obligations). If the contract includes a fee-shifting provision, you may also recover your attorney’s fees.
Do I need a lawyer for a contract dispute?
While small-dollar disputes may be handled in small claims court without an attorney, most contract disputes benefit significantly from legal representation. An experienced contract litigation lawyer can evaluate the strength of your claim, calculate your damages accurately, negotiate effectively, and represent you in court if necessary. The stakes — especially in employment, business, and entertainment contracts — are typically too high to navigate alone.
Can my employer enforce a non-compete agreement?
It depends on the specific terms and circumstances. New York courts enforce non-competes only if they are reasonable in scope, duration, and geographic area and protect a legitimate business interest (such as trade secrets or client relationships). Overly broad or punitive non-competes are frequently struck down. An attorney can assess whether your non-compete is likely enforceable.
What should I do before signing a severance agreement?
Before signing any severance agreement, have it reviewed by a contract dispute attorney. Severance agreements almost always require you to waive legal claims — including discrimination, retaliation, and wage claims — in exchange for compensation. An attorney can evaluate whether the severance amount is fair, identify problematic clauses, and negotiate better terms on your behalf.
Take the Next Step
A broken contract does not have to mean a broken outcome. Whether you are dealing with an employer who violated your employment agreement, a business partner who failed to deliver, or a severance offer that does not reflect your value, Joya Law Firm has the litigation experience to protect your interests.
Book a Consultation to discuss your contract dispute with a New York attorney who will evaluate your case, explain your options, and build a strategy to get you the resolution you deserve.