Testing the claim before filing
Before filing, we read the contract itself closely, including any amendments and the emails that may have changed its terms in practice. Much of the early analysis is about what the other side actually promised and whether you held up your own end. Many contracts include notice-and-cure provisions that require giving the other side a chance to fix the problem before suing, and skipping that step can weaken the claim. Others limit the damages that can be recovered or require a specific forum or arbitration. In New York, a fraud claim that merely restates the contract claim is typically dismissed, so adding extra counts for leverage can backfire.
Proving what you lost
A contract claim is only as valuable as the damages you can prove. Gather invoices, payment records, the costs of finding a replacement, and records of lost business, and expect the other side to argue that you should have done more to limit your losses. Lost profits can be recoverable but often require detailed proof, especially for a newer business. In the United States, each side generally pays its own lawyers unless the contract or a statute provides otherwise, so a fee-shifting clause can change the economics of a case. Interest can also add meaningfully to a judgment in New York.
Choosing the forum and the timing
A breach of contract action in New York may belong in Supreme Court, often in the Commercial Division for larger business disputes, in a lower court, or in arbitration if the contract requires it. The general filing deadline for contract claims is longer than for many other claims, but a contract can sometimes shorten it, and the clock usually starts at the breach rather than when you learned of it. In a first meeting we review the contract, the history of the relationship, and whether the other party can pay a judgment. We also consider whether a final demand might resolve the dispute before suit, and whether urgent relief is needed to protect assets or confidential information.
