Contract Negotiations and Dispute Resolution:
Transactions of all kinds are based on contracts, which are simply enforceable promises with the force of law between the parties. Transactions can range from the purchase and sale of real estate, business interests, construction work, services, etc. The list is endless.
Whenever a promise is broken in the course of such a transaction, or when a contract is dishonestly or deceitfully entered into or performed, a claim for damages by the disappointed or deceived party may result. Even without a clear breach of a particular term, a contract claim may be sustained where the other party is guilty of breaching the “implied covenant of good faith” in the manner of their performance.
The decision to sue for contract damages invariably involves a full analysis of the contract’s terms, written or oral, and the negotiations and understandings, representations (or misrepresentations), and commercial practices that underlie the transaction. An experienced and business-savvy attorney who can ask the right questions and creatively approach the court room presentation of the contract and all its surrounding facts in a way most beneficial to your point of view is essential to your understanding, evaluating, and prevailing in such disputes.
We have worked with countless contracts in countless business and non-business contexts, from heavy construction to home improvements to failed real estate and brokerage commission transactions, to severance and other employment related agreements. In the 1990s, we litigated a complex transaction involving the design and manufacture-to-order of 150 specialty railroad cars for an industrial solid waste transporter. More recently, we successfully litigated a multi-million dollar public construction contract at Kean University. Your contract issues and challenges are probably something we have seen before and handled successfully.