Anticipatory Breach: When Can You Sue Before the Contract Deadline Passes?

Anticipatory Breach: When Can You Sue Before the Contract Deadline Passes?

In New York, you can sue for anticipatory breach of contract before the performance deadline if the other party clearly and unequivocally refuses to fulfill a substantial contractual obligation. This is called anticipatory repudiation. A definite refusal or an action that makes contractual performance impossible can give you grounds to seek damages without waiting for the deadline.

Man holding puzzle pieces with word Contract