A significant portion of the firm’s litigation practice is focused on contract disputes, representing both plaintiffs and defendants. Contracts may provide for a variety of different remedies in the event a party fails to perform its obligations. Those remedies may include specific performance, monetary damages based on actual damage, or liquidated damages where the actual damage suffered is incapable of precise calculation but the parties have agreed on a reasonable figure to compensate in the event of a breach.

There are also defenses that may be available in a contract dispute depending on the agreement between the parties. Such defenses may include whether a legal contract exists in the first place, whether the contract is void for vagueness or omits material terms, whether it is illegal or barred based on public policy, whether it is barred by the statute of frauds, whether performance was impossible or impracticable, whether there was a breach of the implied covenant of good faith and fair dealing implied in contracts, and whether there was a breach by the party seeking to enforce the contract obviating performance by the other party.

Contracts may be both verbal or in writing, depending on the circumstances. Moreover, if a contract is unenforceable, there may be other grounds on which an aggrieved party may be entitled to relief, such as promissory estoppel, an account stated, quantum meruit, or a claim for unjust enrichment.

In addition to litigating contract disputes, the firm actively drafts contracts for its clients. We encourage our clients to involve us in the drafting and negotiating of contracts in order to avoid the pitfalls of having contract that omits material terms, leaves contingencies unaccounted for, or is otherwise unenforceable or ill-suited for their purposes.