New York Commercial Litigation Attorneys
Muchmore & Associates PLLC dedicates a majority of its practice to representing businesses in contract disputes. The firm litigates cases involving construction, real estate, business partnerships, employment, insurance, finance, and other contracts.
Contracts are typically enforced as written even when the outcome is inequitable. Contractual limitation periods, notice provisions, releases, and similar clauses can result in substantive rights being waived over what might appear to be a technicality. The New York courts resolve contract disputes pursuant to the New York Uniform Commercial Code, the New York General Obligations Law, the New York Debtor and Creditor Law, and the New York common law. Breach of contract claims are often accompanied by related claims for breach of fiduciary duty, account stated, fraud, and piercing of the corporate veil. Each claim is subject to separate elements of proof and periods of limitations. If your business is involved in a contract dispute, it is important to seek legal advice before your rights are compromised.
Broad Experience in Business Litigation and Contract Disputes
The firm's attorneys represent New York businesses in a wide range of commercial disputes, including construction litigation, business partner disputes, employment litigation, and disputes with investors, joint venture partners, independent contractors, suppliers, and distributors. The firm's lawyers also use their litigation experience to assist businesses in drafting and negotiating contracts that minimize the risk of litigation. We develop long-term relationships with our clients and serve as general counsel to businesses that lack in-house legal departments. Whether you are involved in a contract dispute or negotiating a large contract, our attorneys can navigate you to a successful outcome.
Contact Us to Schedule a Free Initial Consultation
Contact us at (917) 932-0299 to schedule a free initial consultation if you need help with a business law issue, including the following:
Breach of Contract Litigation: Once a contract dispute arises, it is important to seek input from counsel as early as possible. A thorough review of the contract’s relevant provisions should be conducted before you take action that could be construed as a breach. In particular, it is important to retain counsel before terminating a contract to put your position in writing and comply with the contract's notice, cure, and termination provisions. Where possible, an effort should be made to settle the dispute on reasonable terms. If the adversary is unreasonable, it is best to commence litigation before the adversary sues you. However, the firm has also recovered large judgments for defendants/counterclaimants, as nominal status is less important than the strengths of the claims and evidence.
Business Partner and Shareholder Disputes: Co-owners of closely held businesses in New York owe fiduciary duties to one another. Where the shareholders' agreement or operating agreement is silent on the source of a dispute, the parties' fiduciary duties and duties of good faith and fair dealing prevent them from acting unfairly toward their business partners. These extra-contractual duties prohibit not only obvious acts of malfeasance like fraud or embezzlement but less obvious infractions like competing against the corporate entity. If one of the partners materially breaches his obligations, that individual may be terminated, sued for the breach of contract, or compelled to buy out the non-breaching party's shares.
Construction Litigation: Construction litigation is a highly specialized area of law. Construction contracts are often riddled with exculpatory clauses, including notice of claim requirements, no-damage-for-delay clauses, pay-when-paid clauses, liquidated damages clauses, and change order approval processes. The New York Lien Law and New York Prompt Payment Act also impose strict deadlines and obligations. Failure to comply with these statutory and contractual obligations can result in the waiver of your claim or in substantial liability to the adverse party. Our lawyers have litigated over virtually every aspect of construction law and established new precedents on important issues.
Employment Litigation: Our firm's attorneys are experienced in litigation involving employment and labor law issues. Our lawyers have litigated claims under the New York Labor Law, the Fair Labor Standards Act, Title VII of the Civil Rights Act, the New York City Human Rights Law, and the New York Workers’ Compensation Law. The firm's lawyers are experienced drafting and litigating employment contracts, and handling investigations by the New York State Department of Labor, New York City Comptroller, and New York State Division of Human Rights.
Insurance Litigation: When workers or third parties are injured, these claims are typically defended by insurance companies under workers compensation or general liability insurance policies. In New York, where punitive damages for bad faith disclaimers of coverage are generally unavailable, insurers often disclaim coverage on improper grounds. Our lawyers can commence declaratory judgment actions to compel insurers to provide defense and indemnification and can defend the underlying claim while the coverage dispute is pending.
Real Estate Litigation: Our commercial litigation attorneys represent New York clients in negotiations and disputes over commercial leases, real estate sales contracts, licenses, and easements. Our lawyers are experienced in prosecuting and defending actions and special proceedings under the New York Lien Law and New York Real Property Actions and Proceedings Law, including petitions to access an adjoining property, partition of real property, and foreclosure on liens and mortgages.
Creditor Rights and Bankruptcy Litigation: Our firm's lawyers represent creditors, including investors, financial institutions, suppliers on credit and judgment creditors, in actions to recover on significant commercial debts. The firm's lawyers can secure the rights of creditors in New York bankruptcy proceedings, foreclose upon mechanic's liens and mortgages, recover possession of goods in secured transactions, draft security agreements, and enforce judgments through post-judgment collection proceedings.
Deceptive Business Practices: New York General Business Law § 349 renders deceptive business practices unlawful and allows for recovery of losses and attorneys' fees in litigation. This is in addition to common law remedies for fraud, negligent misrepresentation and rescission of fraudulently induced contracts. Deceptive conduct can also provide grounds for the court to extend equitable remedies such as equitable estoppel, injunctions, and temporary restraining orders.
Arbitration and Mediation: Arbitration and mediation clauses are common in contracts. Even where not required by a contract or the Rules of the Commercial Division, mediation can provide an efficient means of settling disputes without large litigation costs. Unlike mediators, arbitrators have the power to compel the resolution of a dispute. However, arbitrators must be paid hundreds of dollars per hour to adjudicate disputes, and the difficulty of resolving disputes through pre-trial motions can make arbitration more expensive than litigation. Our attorneys have experience arbitrating disputes before the American Arbitration Association and JAMS and litigating proceedings under CPLR Art. 75 to compel arbitration and to confirm or modify arbitration awards.
Appeals: Our lawyers are experienced in prosecuting and defending appeals before the Appellate Divisions of the Supreme Court of New York and have established new points of law in state and federal litigation. Our attorneys also have experience prosecuting administrative appeals of governmental determinations and challenging such determinations in court through special proceedings under Article 78 of the New York Civil Practice Law and Rules.
Contract Drafting and Negotiation: Our lawyers use their litigation experience to assist clients in drafting and negotiating contracts that minimize the risk litigation. Litigation can be avoided by clearly defining contract terms, anticipating likely sources of conflict, and providing clear enforcement mechanisms. Our attorneys are experienced in drafting construction contracts, shareholder agreements, operating agreements, real estate purchase contracts, commercial leases, employment contracts, license agreements, settlement agreements, financing agreements and other contracts.