Breach of written contract in New Jersey

Elements

1. 1

   Valid contract

   Offer, acceptance, consideration, and sufficiently definite terms. In writing, as required.

2. 2

   Performance or excuse

   The plaintiff performed, tendered performance, or was excused.

3. 3

   Breach

   The defendant failed to do what the contract required.

4. 4

   Damages

   The breach caused a measurable loss. Expectation damages are the usual measure.

Burden of proof

Preponderance of the evidence.

A New Jersey fact pattern

A written home-remodel contract in Montclair with a completion date and a punch-list holdback. The contractor walks to a bigger job. Expectation damages are the cost to finish minus the unpaid contract balance, plus any enforceable delay term, if the owner was not the one holding permits.