Contract Terms, Breach of Contract, Written Agreements

Giving Two Contract Provisions Their Intended Meaning

Freiberger Haber LLP on 1/14/2025

Under New York law, written agreements are construed in accordance with the parties’ intent. “The best evidence of what parties to a written agreement intend is what they say in their writing.” As such, “a written agreement...more

Arizona Breach of Contract Attorney Fees 12-341.01

Vondran Legal on 2/26/2024

A.R.S. 12-341.01 TEXT OF THE LAW - A. In any contested action arising out of a contract, express or implied, the court may award the successful party reasonable attorney fees. If a written settlement offer is rejected and...more

Commercial Division Holds Oral Modification to Written Agreement Unenforceable Under New York’s Statute of Frauds

Patterson Belknap Webb & Tyler LLP on 5/13/2022

A recent ruling in the Suffolk County Commercial Division highlights the risk a party faces when agreeing to, and later attempting to, enforce an oral modification to a written contract. In Castle Restoration LLC v. Castle...more

Oral Modifications to Written Agreements? Better Get Them in Writing Says the Commercial Division

Farrell Fritz, P.C. on 3/21/2022

In Castle Restoration & Constr., Inc. v Castle Restoration, LLC, Suffolk County Commercial Division Justice Elizabeth H. Emerson refused to enforce an oral agreement that allegedly modified a prior written agreement between...more

New York Yankees Up to Bat in the Commercial Division Against Former Minor League Affiliate

Farrell Fritz, P.C. on 9/23/2021

A few weeks ago, my colleague, Madeline Greenblatt, wrote a blog about a $1.75 million breach of contract action brought against Bob Dylan in the Manhattan Commercial Division. In her blog, Madeline reminded practitioners...more

Another “Unsigned Agreement” Held Enforceable Where the Parties Intended to be Bound, Despite Not Signing

Farrell Fritz, P.C. on 12/20/2019

Not all agreements need to be in writing to be enforced. Indeed, unless there is an applicable Statute of Frauds, oral agreements are enforceable. But what if the parties to an agreement — a formal contract — don’t sign? ...more