New York Contract Dispute Lawyer
The majority of business litigation involves contract disputes. Frequent reasons for conflict and contention are:
- Inadequate assessment of legal liability at the beginning of a transaction or relationship
- Lack of necessary written contracts – doing business by verbal agreement
- Poorly worded agreements that do not properly address essential facets of a transaction
- Misrepresentation of actual ability to perform according to terms
- Secondary, related correspondence such as e-mails, letters, etc., that comment on an agreement
Attorney Rubin Ferziger has decades of experience in successfully resolving and litigating contract disputes for clients. The Ferziger law firm takes a thorough, methodical approach to handling these matters. Rubin's focus is on achieving a satisfactory resolution of difficulties, without excessive legal expense and unnecessary litigation. These are the steps:
- Analysis of Existing Agreements & Situation: The specific wording of language in a document will have a significant effect on the outcome of any contract dispute, and often may be interpreted in more than one way. Rubin reviews current agreements and discusses implications with the client. Strengths and weakness are evaluated. Sometimes there aren't any written contracts, when there should have been. These instances pose more complex issues, and are carefully assessed.
- Negotiation: At this point, various strategies are examined for resolving differences amicably. Rubin can then approach the other parties on behalf of the client to begin the process of negotiating a resolution, and attempt to reach an acceptable compromise.
- Settlement: If the parties agree, Rubin can prepare a written agreement outlining the settlement, and negotiate its terms with the other side's legal counsel.
- Alternative Dispute Resolution (ADR): Some contracts specify mediation and/or arbitration as a solution to a dispute. In other cases, these are worthwhile options to consider, even if the contract doesn't make a provision for them. Often, a speedier, less costly outcome can be achieved that is preferable to litigation. Litigation is expensive, and is almost always a last resort. Learn more about these strategies in the Litigation Avoidance and Cost Containment section.
- Litigation: Rubin is candid with clients about the merits and risks of pursuing litigation. Unfortunately, some disputes cannot be resolved without a court battle. In these circumstances, the Ferziger law firm will aggressively advocate and protect client rights and interests in court. Here's an example of Rubin's successful efforts on behalf of an actual client involved in a contract dispute...
A New York knitting wear supplier had not been paid for its raw yarn on commercial spindles. The purchaser refused to pay, despite demands for two years.
After reviewing the Contract of Sale, sending several letters, and negotiating with the purchaser's attorney, the claim was paid in full. Rubin's client only had to waive interest charges on the debt, a clearly superior outcome to having to settle for substantially less, or worse, having to write off the whole amount as uncollectible.
The importance of Having Properly Drafted Agreements in the First Place
Prevention is better than cure in contract disputes. Having the appropriate and properly drafted documentation for your transaction, drafted at the start of a business relationship, can save you from having to pay costly legal fees and becoming involved in litigation down the road. Learn more about effective contract drafting for your needs.
For assistance with your contract dispute issues, please contact the Law Office of Rubin Ferziger today at 212-490-8585.