Category Archives: Contract Disputes

If a business partner, general contractor, or other business entity fails to hold up their end of a contract with a business, a contract dispute may arise. Breach of contract attorneys can help businesses litigate such cases.

What Is a Material Breach of Contract?

In business law, a material breach of contract occurs when the terms of the contracts are violated so badly that the contract itself is voided. This violation, sometimes called a total breach, will have struck at the very foundation of the contract itself, defeating the purpose of having made the contract at all. These types of violations can be extremely damaging and often result in deteriorated partnerships and businesses. After one party has committed a material breach, the other may choose to end the contract and sue for damages caused by the breach. “The Heart” of the Deal In order for you to end the agreement on the basis of a material breach, the other party will have to have committed a violation of the very “heart” of the deal. For example, if you enter a written agreement to buy a local restaurant, but the owner who agreed to sell…
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How to Defend Against a Breach of Contract Claim

If you find yourself on the defensive in a breach of contract claim, you need to raise as many defenses as possible. These defenses are called “affirmative defenses”, which means that it is up to you prove your defense. It isn’t really enough to just deny that you made the breach at all, which is why an affirmative defense follows the old adage that “the best defense is a good offense.” The best way to defend against a breach of contract claim is to prove that there was a flaw in the contract. There are a variety of “flaws” that may be the basis of your defense. Some examples of commonly used defenses in these cases are as follows: The contract wasn’t in writing – If the contract in question was an oral contract, you may be able to prove its illegitimacy. There was a mistake – If there was…
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New Jersey may require public bidding for more contracts

The New Jersey Senate is considering legislation that would require a competitive bidding process for all public business contracts. The bill recently cleared a committee and is now under review by the whole Senate. The legislation comes in the wake of a former New Jersey mayor’s conviction on federal bribery charges. He was convicted of taking more than $12,000 in bribes from a school district’s insurance broker in exchange for promising to influence the school board’s votes whether to renew the broker’s contract. A federal grand jury recently handed down an eight-count indictment of another New Jersey mayor for bribery charges. No-bid contracts make it easier for corruption to influence municipal agencies in order to earn public contracts. These convictions gave strength to activists who called for the school board to award all of its contracts through competitive bidding. Now more people want to close the loopholes that allow such…
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