Breach of Contract Attorney
Equal Justice Solutions represents businesses and individuals in serious contract disputes where the outcome matters. We bring Big Law precision to high-stakes breach of contract cases without moral compromise, inflated staffing, or artificial billing practices. Our work focuses on enforcing agreements, protecting legitimate expectations, and restoring order when a contractual relationship breaks down.
What is a Breach of Contract Attorney?
A breach of contract attorney represents clients when a legally binding agreement is broken, and informal resolution no longer works. The role is not to escalate conflict, but to enforce obligations, recover losses, or bring a failing contractual relationship to an orderly close.
In Delaware, Pennsylvania, New Jersey, and New York, breach of contract claims often arise in commercial settings involving sophisticated parties and carefully drafted agreements. Courts in both states focus on the contract language, the parties’ performance, and whether the breach caused measurable harm. At Equal Justice Solutions, our lawyers evaluate the agreement, identify the nature of the breach, and determine whether litigation is warranted under applicable state law.
Common situations include:
- Failure to pay amounts owed under a contract
- Failure to deliver goods or services as promised
- Early termination without contractual justification
- Refusal to perform key obligations
- Violations of shareholder, partnership, or operating agreements
- Breach of employment or separation agreements
- Disputes following mergers, acquisitions, or asset sales
Contract Disputes
A contract dispute happens when people or businesses disagree about what a contract requires—who was supposed to do what, and whether they actually did it.
Some disputes are about how to read the contract. Others are simpler: someone didn’t hold up their end of the deal. Not every disagreement should turn into a lawsuit. Many can be resolved informally.
Our job as breach of contract lawyers is to look at the situation clearly and answer two questions:
- Was the contract actually breached in a way the law recognizes?
- Does it make sense—practically and financially—to take the dispute to court?
If litigation is necessary, we pursue it decisively. If it isn’t, we’ll tell you that too.
Material Breach of Contract
A material breach happens when someone fails to do something so important that it defeats the purpose of the contract.
In simple terms, it means the other side didn’t get what they reasonably bargained for. When a breach is material, the harmed party may be justified in stopping their own performance and may be entitled to compensation or other legal remedies.
Courts don’t take this lightly. They look at what the contract actually says, how serious the harm is, and whether the breach undermines the deal as a whole.
At Equal Justice Solutions, we focus on the real question: did this failure break the agreement itself, or is it a dispute that can be resolved without tearing everything down? We then advise on a measured path forward, grounded in the contract, the facts, and what the law realistically allows.
Breach of Contract Under State Law
Breach of contract claims are governed by state law, and Delaware, Pennsylvania, and New York each provide structured frameworks for resolving these disputes.
Delaware law emphasizes the plain meaning of the contract and the expectations of the parties at the time of formation. Courts enforce agreements as written and give substantial weight to negotiated terms, particularly in commercial matters.
Pennsylvania law similarly requires proof of a valid contract, a breach of a contractual duty, and resulting damages. Courts apply a careful, evidence-based approach to contract enforcement, with close attention to performance and harm.
New York law follows a comparable structure but is known for its well-developed commercial jurisprudence and frequent use in complex contractual relationships. Courts focus on the contract language, the intent of the parties, and whether the breach caused measurable loss.
We handle breach of contract matters arising under Delaware, Pennsylvania, and New York law and advise clients on governing law provisions, venue selection, and enforcement strategy when disputes cross state lines.
What Makes Equal Justice Solutions Different
As a faith-based public interest law firm founded on Catholic social teachings, we bring courtroom discipline and mission clarity to every case. From day one, we plan like we’re going to trial—because that’s how serious outcomes are won. And when the law alone isn’t enough, where appropriate, we engage the public, stakeholders, and the policy-makers to help push justice across the line.
Frequently Asked Questions
Who does a breach of contract attorney represent?
A breach of contract attorney represents clients who seek a legal remedy when a binding agreement has been broken. That often includes companies, owners, partners, or individuals engaged in commercial relationships who need a court to interpret contract terms, enforce obligations, or award damages. Our work centers on evidence, contract law, and the practical outcome a judgment can deliver.
Who does a breach of contract attorney NOT represent?
At Equal Justice Solutions, our team of lawyers does NOT represent clients who want the legal system to meet non-legal needs.
- It’s not personal validation.
- It’s not an ego battle.
- It’s not to ‘stick it to’ a former partner.
It’s to get you what the law entitles you–money, shares, ownership, a buyout, or other entitlement. Nothing more, nothing less.
Is a breach of contract attorney right for me?
It depends on what you need and what you expect the law to deliver. If you are considering a breach of contract claim, you must approach the decision with a clear mind and a realistic understanding of what litigation can achieve. A breach of contract case resolves the legal rights and obligations under an agreement.
It does not repair relationships or provide emotional closure. When expectations move beyond enforcement and into personal vindication, disappointment follows. In our experience, contract disputes that linger for years often do so because emotion or ego has replaced judgment.
A breach of contract attorney is right for you when you seek enforcement of an agreement, understand the limits of the process, and are prepared to make decisions grounded in reason rather than reaction.
When is a breach of contract attorney worth it?
Claims under $100,000: These claims are seldom worth pursuing unless the matter involves a clean breach of contract with a solvent defendant and no credible defenses. Spending $100,000 to recover the same amount produces a break-even result before accounting for stress, delay, and uncertainty. While we do offer a Small Business Program to help narrow that gap, even then, most disputes substantially below six-figure disputes are better treated as a loss.
Claims over $1,000,000: These claims are almost always worth pursuing. Even if litigation costs reach well into the six figures over two years, the return is sound, and the action often protects the business or sets a needed standard within the industry.
Claims Between $100,000 and $1,000,000: This range is the gray zone. The decision turns on several factors, including the complexity of the case, the strength of the expected defenses, the opponent’s ability to satisfy a judgment, the likelihood of success, and the business’s risk tolerance.
Our standard hourly rate at Equal Justice Solutions is $695 per hour. We occasionally offer discounts for certain jurisdictions, provide reduced rates for bulk purchases of time, and make additional adjustments through our Small Business Program (described below).
These rates are modest compared to many top commercial litigation firms, particularly in New York and Delaware, where hourly rates of $1,200–$1,500 are common. Delaware courts themselves have recognized that rates around $900 per hour are reasonable for attorneys handling significant breach of contract matters.
The reality is that complex commercial litigation is labor-intensive. Below is a rough, good-faith estimate of how time is typically spent in a contested case:
- 100–200 hours: Pleadings and early motions (including motions to dismiss)
- 100–200 hours: Document discovery
- 200+ hours: Depositions
- 200–400 hours: Trial preparation
- 400+ hours: Trial
That puts a fully litigated case at approximately 1,000 hours, and cases involving business torts or fact-heavy claims often exceed that range. Matters requiring multiple attorneys will, of course, involve additional time.
Consistent with our faith-based mission and Catholic social teaching, we offer a Small Business Program that discounts our rates based on ability to pay. Many qualifying clients receive 50% or more off our standard hourly rate.
As a general guideline, businesses with less than $7.5 million in annual revenue, or owners who are not accredited investors, will qualify for some level of discount. Most applicants who apply receive a reduction.
If you believe you may be eligible, we encourage you to apply.
What makes a valid contract enforceable?
A court will enforce a contract when both sides clearly agreed to it, the agreement was for a lawful purpose, and each side gave something of value in the deal.
If one side doesn’t follow through, the question becomes whether they actually broke the contract, and whether that failure was serious enough to undermine the agreement itself. Only significant breaches excuse the other side from performing or justify legal remedies.
What qualifies as a breach of contract?
A breach of contract occurs when a party fails to meet a required obligation under an agreement. Courts assess breach of contract claims by examining the contract terms, the conduct at issue, and whether the failure caused measurable harm.
What happens when the other party refuses to perform?
When performance breaks down, the matter often begins as a contract dispute and may develop into a breach of contract dispute if informal resolution fails. At that stage, the focus shifts to evidence, obligations, and whether litigation is a proportionate response.
What legal remedies and compensatory damages are available?
In contract cases, courts aim to put the injured party back in the position they would have been in if the contract had been honored.
Most often, this means money damages that compensate for real, provable losses caused by the breach. In some cases, this can include lost profits, but those claims are harder to prove and require strong evidence. For business owners, the goal is usually restoration, not punishment.
In certain cases, courts may also order disgorgement, which requires the breaching party to give up profits they improperly gained as a result of the breach, even if those gains do not perfectly match the other party’s losses.
Courts may also award interest, which compensates for the time value of money and helps account for delays caused by the breach or the litigation process.
In addition to money damages, courts can sometimes order non-monetary remedies, such as injunctions, which require a party to stop an ongoing or unlawful breach, or specific performance, which requires a party to do what they promised under the contract when money alone is not an adequate remedy.
Can I make the other side pay my attorney’s fees in a breach of contract case?
The short answer is: it depends.
Under the American Rule, each side generally pays its own attorney’s fees, even if one side wins. That is the default in most contract cases.
There are important exceptions.
The most common exception is when the contract itself includes an attorney’s fees provision, often allowing the “prevailing party” to recover fees. These clauses are very common in commercial contracts, and courts will usually enforce them as written.
Attorney’s fees may also be available when a breach of contract overlaps with a statutory violation. For example, some consumer protection or unfair trade practice laws allow fee-shifting, and in certain situations those statutes can apply to small businesses. Fees may also be available when the conduct violates a separate law in addition to the contract, such as the Defend Trade Secrets Act or similar statutes.
Absent a contract clause or statute, courts may award attorney’s fees only in cases of bad faith or abusive conduct, which is difficult to prove and relatively rare.
As a practical matter, we often still request attorney’s fees in breach of contract cases. However, without a contractual or statutory basis, they are usually not awarded.
A consultation can help determine whether attorney’s fees may be recoverable in your specific situation.
When should I speak with breach of contract lawyers?
You should seek counsel when a dispute involves significant risk, ongoing losses, or complex facts. At Equal Justice Solutions, our lawyers assess whether the agreement is enforceable, if the breach of contract claims justify litigation, and if the cost and time of a contract lawsuit align with the outcome sought.
What other legal services do you offer?
Our Commercial legal services include:
- Breach of Fiduciary Duty
- Books and Records Requests (DGCL 220)
- LLC Disputes
- Business Divorce
- Failed Merger and Acquisition Litigation
- Trade Secret Litigation
- Intellectual Property and Trademark Litigation
- Commercial Real Estate Disputes
- Shareholder Oppression Suits
- Securities Fraud
- Business Torts
- Breach of the Duty of Good Faith and Fair Dealing Litigation
- Corporate Deadlock
- Corporate Dissolution litigation
- Commercial Judgement Collection
- 28 USC 1782 Discovery for Foreign Disputes
- Emergency Board Meeting Litigation
- Founder Disputes
Consistent with our mission, we also take non-commercial, public interest cases. Please learn more on our website.
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We Serve Clients with Consequence.
Not Complaints.
At Equal Justice Solutions, we focus on cases that matter—ethically, financially, and spiritually. We only represent clients whose cases involve real harm, real stakes, and real opportunities for justice or reform.