Construction projects in New York City involve partnerships that rely on clear agreements to ensure success. However, disputes can arise when one party does not uphold their end of the deal.
Proving a breach of contract requires careful documentation and evidence to support your claim.
Review the terms of the contract
The first step in proving a breach is understanding the terms outlined in the agreement. Contracts should include deadlines, payment schedules, project specifications and responsibilities. To determine if a breach occurred, compare the documented performance of the construction partner with the obligations in the contract.
Gather evidence of the breach
Strong evidence is necessary to establish that a breach took place. Begin by collecting documentation related to the project, including:
- The original contract and any amendments
- Emails, text messages or other communications
- Invoices and payment records
- Photos or videos showing substandard work or incomplete progress
Documentation is critical in demonstrating how the partner failed to meet their obligations. For example, photos can illustrate shoddy workmanship or unfulfilled milestones.
Demonstrate harm caused by the breach
To support your claim, show how the breach harmed your project. Common examples include financial losses, delays or additional expenses caused by hiring a replacement contractor. Keep detailed records of costs and timelines to connect the breach directly to the damages incurred.
Address any defenses raised
The breaching partner might put forth an effort to justify their actions. For example, they may argue that delays occurred due to unforeseen circumstances or that your actions prevented them from fulfilling their duties. Review the evidence and contract terms to refute these claims. Clear evidence of the breach will help counter these defenses.
Take action promptly
New York law imposes time limits for filing claims related to contract breaches. The statute of limitations for a case involving a breach of contract is six years from the date of the alleged breach. Acting quickly ensures that your claim receives consideration and that evidence remains intact.
Taking appropriate action to legally address a breach of a construction contract will help safeguard your interests and ensure accountability in the project. It is important to assert your rights when a contracted party’s negligence threatens your investments.