Breach of contract is a common legal theory under which construction disputes are regularly adjudicated. A property owner enters into a contract with a contractor that lays out the scope of the project, as well as how and when it is to be completed, and how and when the contractor will be paid for its work. In many cases, parties enter into a number of agreements with contractors, architects, engineers, and suppliers. When a problem arises, the contract is the first place to look to determine who may be at fault.
There are a number of remedies available for breach of a construction contract, including economic damages for any harm caused by the breach. A non-breaching party may also be able to terminate the agreement altogether in the event that the breach is deemed material. In New York, a material breach is considered one that goes to the heart of the contract and is vital to its existence. The failure to perform a substantial part of a contract is likely to make the agreement voidable. If you have sustained losses as a result of another party breaching your contract or if you have been sued, we can help. Call now for a free telephone consultation.