Breach of Contract Litigation

When a Deal Goes Wrong, We Make It Right

In business, your word is your bond—and when that bond breaks, you need lawyers who understand exactly what's at stake. At Ainsworth Gorkin, we don't just handle breach of contract cases; we fight tooth and nail to protect your business interests, your reputation, and your bottom line.

To put it frankly (as we always do), breach of contract disputes can make or break a business. Whether you're dealing with a vendor who disappeared with your deposit, a partner who violated your agreement, or a client refusing to pay for services rendered, you need legal counsel that's as determined as you are to get results.

We're a no-fluff boutique law firm that's doggedly determined, annoyingly available, and honest to a fault. In other words, we're exactly who you want at your side when someone breaks their promise and threatens your livelihood.

Understanding Breach of Contract: The Basics That Matter

A contract breach occurs when one party fails to perform their obligations as outlined in a legally binding agreement. But not all breaches are created equal, and understanding the difference can mean the difference between winning and losing your case.

Material vs. Minor Breaches

A material breach goes to the heart of the contract—it's so significant that it defeats the purpose of the agreement entirely. Think of a construction company that builds your office space but uses substandard materials that make the building unsafe. That's material.

A minor breach, on the other hand, is a partial failure that doesn't destroy the contract's fundamental purpose. Perhaps your vendor delivered products three days late, but they're exactly what you ordered and fully functional. That's minor—but it can still cost you money.

Anticipatory Breach: When You See It Coming

Sometimes, you don't have to wait for the other party to actually break their promise. If they clearly indicate they won't fulfill their obligations—whether through words or actions—you may have grounds for an anticipatory breach claim. This allows you to take action before the damage compounds.

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Types of Breach of Contract Cases We Handle

At Ainsworth Gorkin, we've seen it all. Our experience spans the full spectrum of commercial and civil breach of contract disputes, and we bring that breadth of knowledge to every case.

Commercial Sales Agreements

When suppliers fail to deliver goods as promised or buyers refuse to pay for products received, it can devastate cash flow and disrupt operations. We help businesses enforce their sales contracts and recover damages for:

  • Non-delivery of goods or services

  • Delivery of defective or non-conforming products

  • Failure to meet quality specifications

  • Breach of warranty claims

  • Payment defaults and collection issues

Service Contracts and Professional Agreements

Service-based businesses are particularly vulnerable to contract breaches that can damage client relationships and professional reputation. We represent clients in disputes involving:

  • Professional service agreements

  • Consulting and advisory contracts

  • Marketing and advertising agreements

  • IT and technology service contracts

  • Maintenance and support agreements

Real Estate Contracts

Real estate transactions involve substantial investments and complex contractual obligations. When parties fail to perform, the financial consequences can be severe. Our real estate contract litigation experience includes:

  • Purchase and sale agreement disputes

  • Commercial lease violations

  • Construction contract breaches

  • Property management agreement disputes

  • Title and closing issues

Employment and Partnership Agreements

Internal business relationships gone wrong can be particularly damaging. We handle sensitive breach of contract matters involving:

  • Partnership agreement violations

  • Employment contract disputes

  • Non-compete and non-disclosure agreement enforcement

  • Executive compensation agreements

  • Shareholder agreement breaches

Financing and Loan Agreements

When financing arrangements break down, businesses need immediate legal intervention to protect their interests. We represent both lenders and borrowers in:

  • Loan default and acceleration disputes

  • Security agreement enforcement

  • Guaranty and indemnification claims

  • Equipment financing disputes

  • Commercial mortgage breaches.

Proving Your Breach of Contract Case

Winning a breach of contract case requires more than just showing someone didn't do what they promised. You need to establish four key elements that form the foundation of every successful claim.

1. A Valid, Enforceable Contract Existed

This sounds obvious, but it's often where cases are won or lost. We meticulously analyze:

  • Whether all essential terms were agreed upon

  • If consideration (something of value) was exchanged

  • Whether both parties had the legal capacity to enter the contract

  • If the contract violates any laws or public policy

2. You Performed Your Obligations

You can't sue for breach if you didn't hold up your end of the bargain. We document:

  • Full performance of your contractual duties

  • Substantial performance that should excuse minor deviations

  • Any legitimate reasons performance was excused or impossible

  • Evidence that you were ready, willing, and able to perform

3. The Other Party Breached

This requires showing exactly how the other party failed to meet their obligations. We gather evidence of:

  • Specific contractual provisions that were violated

  • The timing and circumstances of the breach

  • Any patterns of non-performance

  • Communications that indicate intentional breach

4. You Suffered Damages

Even if someone clearly breached your contract, you can't recover without proving actual harm. We quantify:

  • Direct financial losses from the breach

  • Lost profits and business opportunities

  • Additional costs incurred due to the breach

  • Consequential damages that were foreseeable

Damages and Remedies: Getting You Made Whole

When someone breaches their contract with you, the law provides several ways to make you whole again. The key is knowing which remedies to pursue and how to maximize your recovery.

Compensatory Damages: Your Basic Right to Recovery

These are designed to put you in the position you would have been in if the contract had been properly performed. This includes:

  • Direct damages: The immediate financial loss from the breach

  • Incidental damages: Costs incurred because of the breach, such as finding replacement vendors

  • Consequential damages: Lost profits and other indirect losses that were foreseeable

Liquidated Damages: When the Contract Sets the Price

Many well-drafted contracts include liquidated damages clauses that predetermine the amount owed for breach. These can be powerful tools for quick recovery, but they must be:

  • A reasonable estimate of probable damages at the time of contracting

  • Not punitive in nature

  • Applied to situations where actual damages would be difficult to calculate

Specific Performance: Making Them Do What They Promised

Sometimes money isn't enough—you need the other party to actually perform their contractual obligations. Courts may order specific performance when:

  • The subject matter is unique (like real estate or rare goods)

  • Money damages would be inadequate

  • The contract is fair and enforceable

  • Performance is still possible

Restitution: Getting Back What You Gave

If the contract is rescinded due to breach, you may be entitled to restitution—recovery of any benefits you provided to the breaching party. This prevents unjust enrichment and can be particularly valuable when:

  • You made payments in advance

  • You provided services before the breach

  • You gave up opportunities in reliance on the contract

Why Choose Ainsworth Gorkin for Your Breach of Contract Case

When your business is on the line, you need more than just legal expertise—you need advocates who understand what you're going through and will fight as hard as you would to protect your interests.

Transparent Pricing, No Surprises

Legal fees shouldn't be a mystery that unfolds as your case progresses. We believe in upfront pricing that lets you make informed decisions about how to proceed.

Our transparency extends to:

  • Clear fee agreements explained in plain English

  • Regular updates on costs and case progress

  • Alternative fee arrangements when appropriate

  • No hidden charges or surprise bills

Our Size is Our Strength

Big law firms might have more lawyers, but they don't have what we have: the ability to take every case personally. When you work with Ainsworth Gorkin, you're not just another file number. You're working directly with partners who have a personal stake in your success.

Our boutique size means:

  • Direct access to decision-makers

  • Faster response times

  • More personalized attention

  • Lower overhead that translates to fair pricing

  • Flexibility to adapt our strategy as your case evolves

Proven Track Record in Complex Commercial Litigation

Shaya Gorkin heads our litigation department and brings extensive experience in complex commercial disputes to every breach of contract case. Having worked at boutique commercial litigation firms before founding Ainsworth Gorkin, he's handled every phase of high-stakes litigation in both state and federal courts.

Our experience includes:

  • Multi-million dollar commercial disputes

  • Complex partnership dissolution cases

  • High-stakes real estate litigation

  • Securities and finance-related breaches

  • Employment and executive compensation disputes

Why Choose Ainsworth Gorkin PLLC for Civil Litigation?

1. Extensive Experience in NYC & NJ Courts

Our attorneys have years of experience handling complex civil disputes in both state and federal courts, as well as administrative tribunals and arbitration panels.

2. Tailored Legal Strategies

We develop custom litigation strategies that align with our clients’ goals, ensuring efficient and effective legal representation.

3. Strong Negotiation & Trial Skills

We are known for our aggressive advocacy in court while also being skilled negotiators who can secure favorable settlements when litigation can be avoided.

4. Client-Centered Approach

We prioritize transparent communication, cost-effective solutions, and personalized legal representation for every client.

Schedule a Consultation with Our Civil Litigation Attorneys

If you are facing a civil dispute in New York or New Jersey, you need a dedicated legal team that can protect your interests and achieve the best possible outcome. Whether you are initiating a claim or defending against one, our experienced attorneys at Ainsworth  Gorkin PLLC are ready to assist you.

Protect Your Business with Expert Legal Counsel

In NYC’s competitive business landscape, disputes are inevitable, but they don’t have to derail your operations. Trust the experienced attorneys at Ainsworth Gorkin to resolve your commercial litigation matters efficiently and effectively. Contact us today for a consultation and let us help you protect what you’ve worked hard to build.