Breach of the Implied Covenant of Good Faith and Fair Dealing Lawyer in Bergen County, NJ
A breach of the implied covenant of good faith and fair dealing is a serious claim in New Jersey contract law, requiring proof of bad faith conduct that undermines the contract’s purpose. If you believe a party to your contract in Bergen County has acted in bad faith, you need a lawyer who understands this complex area.
What Is the Implied Covenant of Good Faith and Fair Dealing in New Jersey?
In every New Jersey contract, the law implies a duty that neither party will do anything to destroy or injure the right of the other to receive the fruits of the contract. This is known as the implied covenant of good faith and fair dealing. It is not an independent cause of action but is tied to the performance and enforcement of an existing contract’s terms. The covenant prevents one party from acting in bad faith to deprive the other of the contract’s intended benefits, even if the specific conduct is not expressly forbidden by the contract’s language.
Last verified: March 2026 | Superior Court of NJ, Bergen Vicinage | New Jersey Legislature
The firm was founded in 1997 by former prosecutor Mr. Sris. This foundational experience in advocacy informs our approach to civil disputes, where we seek to protect your contractual rights and business interests.
Official Legal Resources
- New Jersey Statutes (official New Jersey Legislature)
- Bergen Vicinage Court Information (official NJ Courts)
How a Breach of Covenant Case Proceeds in Bergen County
Claims for breach of the implied covenant are heard in the Law Division of the Superior Court in Hackensack. The process is detailed and requires precise legal argument. The key local procedural fact is that New Jersey courts apply the covenant flexibly, looking at the parties’ reasonable expectations and the contract’s purpose. A successful claim must show the alleged bad faith conduct deprived you of a central benefit you reasonably expected from the contract.
- Initial Case Assessment: Gather all contract documents, communications, and evidence of the other party’s actions that you believe constitute bad faith.
- Filing the Complaint: Your attorney files a complaint in the Law Division of the Superior Court in Hackensack, alleging breach of contract and breach of the implied covenant.
- Discovery Phase: Both sides exchange documents, take depositions, and use interrogatories to build their cases regarding intent and contractual expectations.
- Case Management & Settlement Conferences: The court holds conferences to manage the schedule. Parties often engage in mandatory Early Settlement Panel sessions to explore resolution.
- Trial or Dispositive Motions: If the case does not settle, it may proceed to trial where a judge or jury decides if a breach occurred, or it may be resolved earlier by a motion for summary judgment.
Potential Outcomes and Legal Standards
In Bergen County, a breach of the implied covenant of good faith and fair dealing can lead to remedies including compensatory damages, consequential damages, and in rare cases, punitive damages if the conduct is especially egregious.
| Legal Issue | Classification / Standard | Potential Remedies |
|---|---|---|
| Breach of Implied Covenant | Contract Law Claim | Compensatory Damages (to cover lost benefits) |
| Bad Faith Conduct | Fact-Intensive Inquiry | Consequential Damages (foreseeable losses) |
| Egregious / Malicious Acts | Heightened Standard of Proof | Punitive Damages, Attorney’s Fees |
| Frivolous Claim | Court Rule 1:4-8 | Sanctions Against Filing Party |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Contract Dispute
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys bring a focused approach to complex civil litigation, including claims for breach of the implied covenant of good faith and fair dealing. We understand that these cases turn on the specific facts and the reasonable expectations created by your contract. Our goal is to protect your interests and seek a resolution that aligns with the contractual benefits you were owed.
Our Approach to Your Case
We begin by thoroughly reviewing your contract and all related communications to understand the agreed-upon terms and the context of the relationship. We then analyze the other party’s conduct to assess whether it violates the express terms and, separately, whether it breaches the implied duty of good faith and fair dealing by undermining the contract’s core purpose. We prepare a strategy aimed at enforcing your rights, whether through negotiation, mediation, or litigation in Bergen County Superior Court.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 334-7465
By appointment only.
Our New Jersey location serves clients at Bergen County courts. We represent individuals and businesses in Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, and Lyndhurst. For an affordable breach of the implied covenant of good faith and fair dealing lawyer Bergen County residents can consult, call for 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions: Breach of Covenant Claims
Is the implied covenant of good faith part of every contract in New Jersey?
Yes. New Jersey law implies a duty of good faith and fair dealing in the performance and enforcement of every contract. This means parties must not act in bad faith to deprive each other of the contract’s intended benefits.
Can I sue just for a breach of the implied covenant?
It depends. The covenant is not a free-floating duty; it is tied to an existing contract. A claim for its breach is typically brought alongside a claim for breach of the express terms of that contract. You need to show the bad faith conduct related to a specific contractual term or benefit.
What is an example of bad faith that breaches the covenant?
Examples include arbitrarily denying a benefit the contract was designed to provide, using contract terms in a way that sabotages the other party’s performance, or evading the spirit of the deal while technically complying with the letter. Each case is fact-specific.
How long do I have to file a lawsuit for breach of covenant in NJ?
Six years. New Jersey’s statute of limitations for contract actions, including those based on the implied covenant, is generally six years from the date the breach occurred (N.J.S.A. 2A:14-1).
Where should I look for a breach of the implied covenant of good faith and fair dealing lawyer near me Bergen County?
You need a firm experienced in New Jersey contract law and civil litigation in the Bergen Vicinage courts. Law Offices Of SRIS, P.C. handles such disputes. Contact us at (888) 437-7747 to discuss your situation with a lawyer familiar with local procedures.
Related Legal Services in Bergen County
If you are dealing with a contract dispute, you may also want to learn about: Bergen County Business Lawyer or Bergen County Contract Lawyer. For other civil litigation matters across New Jersey, see our New Jersey Civil Litigation hub page.
Last verified: March 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.