If the other side breached a contract, delay can cost you leverage. Learn what damages you can recover under NY law and when litigation makes sense.
Steven M. Fink, Esq.
The Other Side Breached the Contract; Every Day You Wait Costs You Leverage.
When a contract is breached, most businesses focus on the breach itself. That is a mistake. The real damage usually happens after the breach, while emails go unanswered, promises are made without follow-through, and weeks pass with no resolution. During that time, leverage erodes, defenses take shape, and recovery becomes harder.
Under New York law, a breach creates rights. But those rights are not self-executing, and they are not permanent. How you respond in the first phase of a breach often determines whether you recover at all.
If the other side has stopped paying, stopped performing, or walked away from a signed agreement, the question is no longer whether there was a breach. The question is whether you are already behind.
A Strong Case Can Be Weakened by Inaction
Many breach of contract cases fail for reasons that have nothing to do with the contract itself. They fail because the non-breaching party waited, accepted partial performance, continued performing without reservation, or assumed informal resolution would work. Those decisions are often used against them later.
New York courts look closely at conduct after a breach. Silence, delay, and inconsistent action can be framed as waiver, acceptance, or acquiescence. By the time litigation begins, the strongest arguments may already be compromised.
What Is Actually Recoverable Depends on What You Do Next
Contract damages are intended to put you in the position you would have been in had the contract been performed. In practice, recovery is driven by two things: (1) the language of the agreement and (2) the steps taken after the breach.
Unpaid amounts are only the starting point. Lost profits, interest, and attorneys’ fees may be recoverable, but only if they are supported by the contract and preserved through proper action. Businesses frequently assume these remedies exist, only to learn later that they were waived, limited, or undermined by delay.
Waiting for “One More Chance” Often Backfires
A common pattern in breach cases is repeated extensions without consequence. Each extension signals that the breach is tolerable. Each delay gives the breaching party time to reposition financially, move assets, or prepare defenses.
In some cases, waiting allows a counterparty to shut down entirely, leaving a paper judgment with no recovery behind it. At that point, the legal issue is no longer breach of contract. It is damage control.
Litigation Is Often the Leverage, Not the Last Resort
Businesses often hesitate to litigate because they assume it will be slow, expensive, or disruptive. In reality, early litigation frequently accelerates resolution.
When a breach is clear and damages are real, litigation applies pressure, forces accountability, and prevents further loss. Many cases resolve quickly once the breaching party realizes delay no longer benefits them. Handled correctly, litigation is not escalation. It is containment.
Why “Clear” Contract Cases Still Get Lost
Even strong contracts contain provisions that can derail enforcement if they are ignored. Notice requirements, cure periods, limitation clauses, and fee provisions are not technicalities. They are leverage points.
Failing to address them early can turn a clean breach into a prolonged dispute, or worse, a dismissed claim.
How We Handle Breach of Contract Litigation
At Blodnick, Fazio & Clark, we treat breach of contract matters as business problems, not academic exercises. Our focus is on speed, leverage, and recoverability.
We represent businesses, landlords, lenders, and investors when contracts are broken and delay is no longer an option. The goal is not motion practice for its own sake. The goal is to put pressure where it matters and resolve the dispute on favorable terms.
If a Contract Has Been Breached, the Clock Is Already Running
Every day that passes after a breach affects leverage, options, and recovery. Waiting rarely improves the situation. More often, it limits it.
A short, focused review can determine whether litigation strengthens your position, what damages are realistically recoverable, and what immediate steps should be taken to protect your interests.
A Contract Was Breached. Delay Only Helps the Other Side.
If the other party has stopped paying or stopped performing, waiting can weaken your position. A short review can determine whether litigation strengthens your leverage and what recovery realistically looks like. Contact Blodnick, Fazio & Clark now before delay limits your options.
Steven M. Fink, Esq. is a partner at Blodnick Fazio & Clark. To learn more about navigating a potential breach of contract, contact Mr. Fink at sfink@bfclaws.com or 631-669-6300.
