commercial contracts litigation

Your company delivered all the materials due under the contract, but the buyer is still refusing to pay.

You've had a handshake arrangement with a business partner for years, but now that your business relationship is facing problems, everyone is disagreeing about the terms of your oral agreement.

The goods or services you thought you had bought in a written contract were not the goods and services that were actually delivered.

The other party to a signed contract is refusing to perform unless you now agree to change the terms.

BLF has represented many businesses and individuals involved in similar claims based on commercial (or business-to-business) contracts.

Contract claims can arise when one or more parties to a contract don’t do what they agreed to do under their agreement. This is sometimes called a breach of contract. A breach of contract can occur when a party doesn’t provide goods or services under a contract, or when the other party doesn’t pay for goods or services that were provided. A breach of contract can also occur when performance or payment is late, or when a party does not satisfy other conditions of the contract.

BLF’s attorneys have extensive experience in litigating contract disputes:

• Our client, a national telecommunications provider, was sued by a subcontractor for breach of an alleged contract to provide services to a third party. The subcontractor sought $5 million in lost profits. We removed the claim to federal court, eliminated several claims on a motion to dismiss, and won a summary judgment for the client on the remaining claims.
• Our client, a major Center City Philadelphia landowner, was involved in an appraisal dispute with a tenant who exercised its option to purchase. When the appraisal favored BLF’s client, the tenant sued in equity to set aside the appraisal award, on the ground that a mistake had been made. BLF filed a motion to dismiss, relying upon Pennsylvania’s common law arbitration statute, which only allows awards to be set aside in extreme circumstances that do not include mistake. Soon after BLF filed its papers, the parties agreed to settle the matter. 
• Our client, a small pharmaceutical company, was sued by a giant international conglomerate for breach of a letter of intent. The trial court granted judgment in favor of our client at the close of plaintiff’s case. On appeal, the Appellate Division affirmed, in a landmark ruling on the duty to negotiate in good faith under New Jersey law.

Representative cases:

Impala Platinum Holdings Limited and Impala Refining Services Limited v. A-1 Specialty Services and Supplies, Inc., et al., (E.D. Pa. 2016). In this breach of contract action, BLF defended against a motion to vacate award and obtained judgment confirming an arbitration award in excess of $200 million ... Read More

Malone v. Weiss (E.D. Pa. 2017). BLF prevailed on a motion to dismiss a complaint asserting claims for breach of contract and fraud against business owners in connection with the sale of their company. ... Read More

Sun Pharmaceutical Industries, Inc. v. Core Tech Solutions, Inc. (N.J. Appellate Court 2013). BLF successfully defended a small R&D tech company against claims of breach of the obligation to negotiate in good faith. ... Read More

Kaymak v. AAA Mid-Atlantic Inc. (3d Cir. 2013). In this class action alleging breach of contract and unjust enrichment claims, BLF's motion to dismiss for lack of standing was granted and affirmed on appeal. ... Read More

Walnut Street Associates v. Brokerage Concepts (Pa. Supreme Ct. 2011). In a case of first impression, the Pennsylvania Supreme Court ruled that truthful statements, even if made with intent to harm, cannot support a claim of tortious interference with contract. ... Read More

Interstate Realty Management Company v. Community Realty Management Company (N.J. Superior Ct. 2009). BLF attorneys won a multi-million dollar verdict for our client in this breach-of-contract case between two real estate management companies based on an agreement to share management commissions. ... Read More

Diamond v. Vlahovic (E.D. Pa. 2006). This dispute arising out of breach of a poorly drafted contract to negotiate was resolved through mediation. ... Read More

Sons of Thunder v. Borden, Inc.(N.J. Supreme Ct. 1997). In this case of first impression, the New Jersey Supreme Court recognized a cause of action for breach of the implied duty of good faith and fair dealing. ... Read More

Lawblog posts:

Does COVID-19 relieve parties from the duty to perform contract obligations?

Can a mere agreement to be legally bound supply the consideration required to create an enforceable contract?