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Nacmias Law Firm, PLLC

Litigation

Contract Disputes

We litigate contract disputes for NYC property owners and small businesses — breach claims, construction-payment fights, real-estate contract enforcement, vendor disputes, and indemnity claims — in NY Supreme Court, Civil Court, and arbitration.

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Overview

What you need to know about Contract Disputes.

The basics, what we do, and the issues we see most.

When does a NY contract dispute go to court, and what's the litigation timeline?

Quick Answer

NY contract disputes proceed in NY Supreme Court (claims over $25K), NYC Civil Court ($10K-$25K), or arbitration if the contract requires it. The statute of limitations for breach of contract under CPLR § 213(2) is six years (four for UCC sales). Most cases settle in the discovery phase; trial-track cases run 18-36 months. Pre-suit demand and well-targeted early motion practice often shape settlement leverage.

Services we offer for Contract Disputes.

Contract litigation in NY rewards focused early work — careful contract analysis, well-pled complaints or answers, and targeted discovery rather than expansive fishing expeditions. Here's what we do for NYC property owners, small businesses, and individual principals on both sides of contract disputes.

  • Litigate breach-of-contract claims in NY Supreme Court (over $25K) and Civil Court ($10K-$25K)
  • Pursue and defend construction-payment disputes — contractor/sub claims, change orders, mechanic's liens
  • Enforce real estate contracts — specific performance under CPLR § 5701, deposit recovery, deal-failure claims
  • Defend and prosecute vendor and service-contract disputes — termination, performance failures, indemnity
  • Pursue and defend declaratory judgment actions on contract interpretation
  • Handle arbitration under CPLR Article 75 — AAA, JAMS, and contractual arbitration
  • Pursue judgment enforcement — restraining notices, levies, garnishments, fraudulent-conveyance claims

Scenarios we see most.

  • Breach of contract — non-performance, anticipatory breach, repudiation
  • Construction payment disputes between owners, GCs, subs, and design professionals
  • Real estate contract failures — deposit forfeitures, specific performance, time-of-essence issues
  • Vendor and service contract disputes — early termination, scope changes, indemnity claims
  • Indemnity and contribution claims (often interlocking with insurance coverage disputes)
  • Interpretation disputes — ambiguous terms, integration clauses, course of dealing
  • Statute of Frauds defenses (NY GOL § 5-701, § 5-703 for real estate)
  • Judgment enforcement — collecting on a winning judgment or defending against enforcement

Who we help

Who we represent.

Every case handled directly by the attorney you speak with at intake.

Small Businesses

Contract disputes, partnership disagreements, vendor litigation.

Individuals

Contract claims, property disputes, consumer-protection matters.

Property Owners

Property litigation, easement disputes, construction-defect claims.

Employees

Employment-related claims, wage disputes, wrongful termination.

How we handle your case

From summons to resolution.

The same attorney handles your matter from intake through hearing and closeout.

  1. 1

    Step 1 of 5

    Pre-suit analysis — contract review, statute of limitations check, demand letter strategy

  2. 2

    Step 2 of 5

    Pleadings — complaint or answer with affirmative defenses and counterclaims

  3. 3

    Step 3 of 5

    Motion practice — dismiss, summary judgment, attachment, preliminary injunction as warranted

  4. 4

    Step 4 of 5

    Discovery — interrogatories, document demands, depositions, expert disclosure

  5. 5

    Step 5 of 5

    Trial preparation, mediation, or settlement; trial in front of judge or jury

Frequently asked

Questions clients ask first.

Direct answers from the attorney who handles these matters.

Most asked

What's the statute of limitations on a breach of contract claim in NY?

Under CPLR § 213(2), the statute of limitations for breach of a written contract is six years from the date of breach. Sale-of-goods contracts under UCC Article 2 are four years (UCC § 2-725). Real estate purchase agreements: six years. Construction defect claims often run on longer statutes (potentially RPL § 339-cc for certain condo claims) and have specific accrual rules. The clock generally starts at breach, not at discovery, with limited tolling exceptions. Don't sit on potential claims.

Question 2

What does it cost to litigate a contract dispute?

Most contract litigation is handled hourly because the work scope depends on opposing counsel's posture. Typical ranges: $5K-$15K through pleadings stage; $15K-$50K through discovery for routine matters; $50K-$200K+ for cases that go through trial. Contract claims with attorneys'-fees clauses can shift the calculus — winning party recovers fees. Smaller disputes ($10K-$25K) belong in NYC Civil Court where procedure is streamlined and costs much lower. Free initial consultation to scope the dispute.

Question 3

What's the difference between specific performance and damages in a real estate contract dispute?

Damages are monetary compensation for loss caused by breach. Specific performance is a court order compelling the breaching party to perform the contract — typically requested in real estate contracts because each parcel is considered unique. To get specific performance, the plaintiff must show: a valid enforceable contract, plaintiff's own performance/readiness to perform, breach by the defendant, and that legal damages would be inadequate. Specific performance is more often sought in real estate context than other commercial contracts. We routinely handle deposit-recovery and specific-performance suits arising from failed NYC closings.

Question 4

What's the difference between NY Supreme Court and NYC Civil Court for contract claims?

NY Supreme Court is the trial court of general jurisdiction — handles claims of any dollar amount, equitable relief (specific performance, injunction, declaratory judgment), and complex matters. NYC Civil Court has jurisdiction up to $50,000 (recently raised from $25,000); streamlined procedure; faster disposition; and lower costs but no equitable relief. Most $10K-$50K money-only claims belong in Civil Court. Anything seeking equitable relief, anything over $50K, or anything that needs sophisticated discovery belongs in Supreme Court.

Question 5

If I win, can I collect from the other side?

Winning a judgment is the first step, not the last. Collection requires asset-discovery (subpoenas, judgment debtor examinations under CPLR § 5224), restraining notices on bank accounts (CPLR § 5222), wage garnishments, real estate liens (docketing the judgment in the county where property is held), and sometimes fraudulent-conveyance actions if the debtor has transferred assets to evade enforcement. We assess collectability before filing — fighting an uncollectible defendant is a different cost-benefit analysis than fighting a solvent one.

Question 6

Should I demand arbitration or court litigation?

If the contract requires arbitration (CPLR Article 75), generally you must arbitrate or risk waiving the right. If the contract is silent or has a forum-selection clause favoring courts, the default is court litigation. Arbitration tradeoffs: typically faster and more confidential than court; less expensive on small matters; very limited appeal rights; arbitrator's discretion is broader than a judge's. For routine commercial disputes between sophisticated parties, arbitration is often preferable. For matters needing aggressive discovery or appellate review, court is better.

Free case review

Contract dispute brewing or breach already happened?

Statute of limitations clocks start at breach, not at discovery. Pre-suit demand letters often resolve disputes that would otherwise become litigation. Same-day case review during business hours.

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An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters