Resolving Business Disputes Takes Knowledge, Experience And Imagination

Last updated on April 27, 2026

With years of experience handling commercial litigation for clients across New York and nationwide, Kaufmann Gildin & Robbins has built a strong reputation for our ability to resolve even the most complex issues. With clients of all sizes, we have demonstrated time and again that we know how to implement effective solutions for clients.

You deserve individual attention, and we take the time necessary to fully understand our client’s needs. For both plaintiffs and defendants, we have the ability to anticipate potential problems and consistently provide the best options to resolve the problems.

Big Firm Prowess. Small Firm Responsiveness.

At Kaufmann Gildin & Robbins, we have helped clients address commercial and contract disputes, including:

• Commercial real estate and leasing
• Buy/sell agreements
• Shareholder, partnership and LLC agreements
• Breach of contract claims
• Service contracts, supply and distribution agreements
• Franchise agreements
• Licensing agreements
• Employment agreements

We remain actively involved during every step of the process and seek to understand not only the facts regarding our clients’ disputes, but also the business context and how to best resolve our client’s legal issues.

Understanding Breach Of Contract Remedies

A breach of contract occurs when one party fails to meet their obligations under an agreement. If the non-breaching party suffers harm, they may have grounds for pursuing legal action. Whether you are facing a breach or accusations of a breach, such a legal dispute can have significant impacts on your business objectives. It can be important to understand what remedies could be granted in response to breaches.

Monetary relief is a common remedy in these cases. Sometimes, the contract itself outlines when, and how much in, damages are to be paid when a breach occurs. These are known as liquidated damages. Another typical form of monetary relief for breaches of contract are compensatory damages. These aim to put the non-breaching party in same the position they would have been in if there had not been a breach. In most contract dispute cases, damages aimed at punishing the breaching party (punitive damages) are not available.

Non-monetary remedies for breach of contract include:

• Specific performance: This requires the breaching party to fulfill their contractual obligations (it is generally not available for breaches of service agreements)
• Rescission: This cancels the contract, releasing both parties from their commitments

Our firm is dedicated to providing efficient solutions to clients in breach of contract cases. We help business owners and professionals understand what options are on the table for pursuing or defending against claims for the remedies discussed above. Our nationally recognized attorneys are well-versed in complex commercial disputes. They ready to protect your rights and interests.

Legal Remedies For Breach Of Contract

In franchise and hospitality agreements, a breach of contract can create serious financial, operational and reputational damage. For franchisors, especially those managing luxury hotel brands, enforcing contractual rights is critical to maintaining consistency and brand integrity.

New York contract law offers several legal remedies designed to address these breaches and restore the injured party. Kaufmann Gildin & Robbins works with franchisors in Manhattan to determine the most effective remedy based on the circumstances. The primary legal remedies include:

• Compensatory damages: These are the most common form of relief in breach of contract cases. They are intended to reimburse the nonbreaching party for direct losses. In a franchise agreement, this may include unpaid franchise fees, lost royalties or costs incurred due to operational disruptions caused by the breach.
• Consequential damages: These damages go beyond direct losses and cover indirect harm that was reasonably foreseeable when the contract was signed. For luxury franchisors, this can include reputational harm, diminished brand value or lost future business opportunities resulting from a franchisee’s noncompliance with brand standards.
• Specific performance: This is an equitable remedy requiring the breaching party to carry out their contractual obligations. Courts may grant specific performance when monetary damages are not sufficient. In high-end franchise agreements, this may involve enforcing strict operational or branding requirements that are central to the franchisor’s identity.
• Rescission: Rescission voids the contract and restores both parties to their original position before the agreement was executed. This remedy is used when the contract was formed under unfair conditions, such as misrepresentation or mistake, making enforcement inappropriate.
• Reformation: Reformation allows a court to revise the contract to reflect the true intent of the parties. This is often applied in situations involving drafting errors, ambiguous language or inaccuracies that do not align with the agreed-upon terms.

Each of these remedies serves a specific purpose under New York commercial litigation. The appropriate course of action depends on the nature of the breach, the language of the franchise agreement and the franchisor’s long-term business goals.

Legal Grounds For Breaking A Contract

Not every contract termination amounts to a breach. Under New York law, certain legal grounds allow parties to end a contract without facing liability. For franchisors operating in Manhattan, particularly those representing high-end hotel brands, understanding when a contract can be lawfully broken is essential for risk management and compliance.

The most recognized legal grounds include:

• Mutual agreement: A contract can be terminated if both parties consent to end it. This occurs when business strategies evolve or when a franchise relationship no longer aligns with the franchisor’s long-term objectives. A properly documented mutual termination helps avoid future disputes.
• Force majeure: Many franchise agreements include a force majeure clause that excuses performance due to extraordinary and unforeseeable events beyond a party’s control. These may include natural disasters, pandemics or government restrictions. The specific wording of the clause determines its scope and applicability.
• Fraud: A contract may be broken if one party entered into it based on the intentional misrepresentation of material facts. In franchise law, this can arise from inaccurate financial disclosures, misleading performance claims or concealment of critical information during negotiations.
• Illegal agreement: Contracts that involve illegal activities or violate public policy are unenforceable from the outset. If a franchise agreement contains unlawful provisions, it cannot be legally upheld in court.
• Impossibility of performance: A contract may be lawfully broken when unforeseen circumstances make performance objectively impossible, not just difficult or unprofitable. Under New York law, this applies when the contract’s subject matter is destroyed or when a change in law renders performance illegal. This ground does not rely on a contractual clause such as a force majeure clause. Instead, it is applied by courts when performance cannot physically or legally occur.

These legal grounds provide a framework for lawful contract termination without triggering breach of contract liability. For franchisors, exercising these rights requires careful legal analysis and precise documentation. We can help ensure business interests are protected while maintaining compliance with New York contract law.

The Importance Of Strong License Agreements

License agreements grant one party permission to use another party’s intellectual. They can cover all kinds of intellectual property, including trademarks, patents and copyrights. These contracts can play a vital role in your business’ operations and success.

A well-drafted agreement can be key in protect your rights and preventing future disputes. When seeking to build a strong licensing contract, it can be important to include clear and detailed terms on:

• What exactly is being licensed
• Scope of use
• Limitations on use
• Payment
• Confidentiality
• Indemnification
• Dispute resolution
• Duration
• Renewal options
• Termination

Such elements can help create a robust framework for a mutually beneficial licensing arrangement.

Responding To License Agreement Disputes

Sometimes, even after taking strong precautions, legal conflicts occur over license agreement provisions. These commercial disputes can be challenging. Having trusted guidance can be critical. Our team has extensive experience helping clients navigate such matters. We work closely with you to understand your situation and develop strategies aimed at resolving contract disputes efficiently. We take a sophisticated and practical approach focused on protecting your objectives.

Seeking Effective Resolutions To Conflicts Over Employment Agreements

Employment agreements are critical in setting the tone and direction of employer-employee relationships. Disputes over these agreements can have massive implications for a business. They could affect:

• Morale
• Productivity
• Finances
• The overall workplace environment.

So, whatever specifics they involve, these disputes require careful handling.

Litigation alternatives can offer significant benefits when it comes to resolving such conflicts. They can be less adversarial, faster and more cost-effective than a courtroom battle. They also allow for more flexible solutions. They can provide key opportunities for protecting your company’s interests while also seeking to preserve important relationships with valued employees.

Common methods of alternative dispute resolution include:

• Mediation: This involves having a neutral mediator facilitate discussions between the disputing parties, with the goal of fostering a mutually agreeable solution
• Arbitration: This typically involves having a neutral arbitrator hear both sides and make a binding decision

While we are always ready to vigorously protect our client’s interests at trial if necessary, we understand the high value these types of alternatives can have when it comes to sensitive employment contract disputes. Our knowledgeable commercial dispute lawyers are ready to explore all routes for pursuing the effective, efficient solutions your business needs.