Civil Litigation
DiLibero & Associates handles breach-of-contract claims and defense for individuals and businesses in Rhode Island, Massachusetts, New Jersey and Connecticut. From our Providence office, we review payment disputes, unfinished work, service agreements and disagreements about contract performance.
When a broken contract turns into a financial problem, we start a legal one. A vendor who doesn’t deliver leaves you scrambling for a replacement at a higher cost. A client who won’t pay leaves a gap in your receivables. A contractor who walks off the job leaves you with an unfinished project and a disputed lien. Breach of contract has real consequences that compound quickly when the other party decides they’re done cooperating.
We represent individuals and businesses in contract disputes across Rhode Island, Massachusetts, New Jersey and Connecticut. We pursue damages for breach, enforce agreements the other side is ignoring, and defend clients against breach allegations that don’t hold up. We handle the full range, from a straightforward demand letter to a fully litigated case in superior or federal court.
Disputes between businesses over the terms or performance of commercial agreements. We have experience with supply contracts, distribution agreements, service contracts, and licensing agreements. We’ve represented both sides, parties pursuing claims and parties defending against one.
Construction disputes involve contract law, contractor registration and licensing requirements, lien rights, and often testimony from qualified witnesses on workmanship standards. We handle claims against contractors who abandon jobs, miss specifications, or overbill, and claims against owners who refuse to pay for completed work or dispute the scope.
We read agreements closely before drawing conclusions. When a service provider doesn’t deliver what was promised or a client refuses to pay, the dispute hinges on what the agreement actually required and whether it was met.
Restrictive covenants can be enforceable in Rhode Island and Massachusetts, but each state applies its own standards and both bar non-competes for certain workers by statute. We pursue injunctive relief and damages against former employees and contractors who violate valid covenants. We also defend individuals challenging overly broad restrictions that shouldn’t be enforced.
Sometimes a contract exists and both parties agree it’s enforceable, but they disagree on what certain clauses actually mean. Ambiguous language, conflicting provisions, and gaps in drafting all create interpretation disputes that can be resolved through negotiation, declaratory judgment, or litigation. We’ve seen what happens when contracts are poorly drafted, and we know how courts read them.
When a construction contract goes unpaid, a mechanics’ lien may be available. In Rhode Island, a person who does work or furnishes materials for an improvement made at the owner’s request can claim a lien against the building and the land (R.I. Gen. Laws § 34-28-1). The lien is lost if a deadline is missed.
Massachusetts lien law, M.G.L. c. 254, works in steps, and the lien can be dissolved if a step is late. The deadlines below can come sooner if a notice of substantial completion or a notice of termination has been recorded (M.G.L. c. 254 §§ 2, 4, 8).
Identify the exact obligation at issue: payment, delivery, workmanship, a deadline, confidentiality, or another term. We compare the signed agreement, amendments, change orders, and communications with what each party actually did. A missed expectation is not enough by itself to establish that a particular contract term was breached.
Bring any default notice, demand, termination letter, and proof of delivery. The agreement may address notice, an opportunity to cure, mediation, arbitration, or the court where a claim must be brought. We review those provisions and applicable law before choosing the next step. Do not assume a demand letter or negotiation extends a filing deadline.
Separate the unpaid balance from replacement expenses and other claimed losses. Keep the calculation, invoices, credits, and steps taken to limit further loss. We assess the requested remedy against the agreement, available proof, and applicable law; a demand total alone does not establish recoverable damages.
Preserve the complete complaint and service records as well as evidence of your own performance. A payment dispute may involve competing breach allegations or a related counterclaim. Our civil lawsuit process guide explains responses, counterclaims, discovery, and resolution. Tell us about a pending hearing or existing order at the first contact.
We always start with closely reading the agreement. The strength of a breach claim lives in the contract, and we know what to look for.
We draft demand letters that put the breach on record, identify the damages, and clearly state what happens if the issue isn’t resolved. A formal demand letter from an attorney also creates a clear record if the dispute goes to court.
There are two parts to winning a breach of contract claim: proving the other party didn’t perform and documenting what the breach cost you. We build the damages record and consider replacement costs, lost profits, consequential losses, and any costs you incurred trying to mitigate.
We defend clients against allegations of breach by challenging the other party’s performance, disputing the damages claimed, and raising defenses.
When the other party won’t resolve the dispute, we seek court intervention. Depending on the parties and the amount in dispute, we file and try cases in state and federal courts in Rhode Island, Massachusetts and New Jersey. We don’t threaten litigation we’re not prepared to follow through on.
From the first call to the work itself.
When you contact us, you are not entering a queue.
What we do. Call 401-621-9700 or request a consultation online. We take your details and check for conflicts of interest before we discuss your matter.
What to prepare. Your contact details, the names of the people and businesses involved, the court if a case is pending, and any known response or hearing date.
We will give you honest answers about where you stand and what your options are.
What we do. An attorney reviews what happened, the documents you have, and any deadlines that may apply, then talks you through your options.
What to prepare. The contract or agreement, the key emails or letters, and invoices or payment records.
We prepare every case as though it’s going to trial.
What we do. If you decide to hire the firm, we confirm the engagement and get to work, and you know who is handling your matter.
What to prepare. Keep any new notices, letters, or court papers and send them to us as they arrive.
Every matter is different, so the steps and how long each one takes vary.
Attorney
Criminal defense, state and federal · Personal injury · Civil litigation
View profileDylan has built three small businesses from the ground up, bringing practical business experience to his legal work. Read more in his profile.
Connecticut state bar; New Jersey state bar and U.S. District Court for the District of New Jersey.
I had a great experience working with Dylan. He helped guide me through a situation I was dealing with involving a car dealership, and from the start he was professional, knowledgeable, and very easy to work with. Dylan took the time to explain everything clearly and made sure I understood my options every step of the way. Even though the situation didn’t require anything overly complicated, it was clear that Dylan really knows his stuff and genuinely cares about helping his clients. He was responsive, straightforward, and made the entire process much less stressful. I would absolutely recommend Dylan to anyone looking for a reliable and trustworthy attorney. Thanks again for your help!
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Stephensilva SilvaOur go to! We have utilized DiLibero & Assoc for a few years now and highly recommend. They are easy to reach, operate in a timely manner, and in each instance- they guided us and handled our situations surpassing our expectations. So grateful to always know exactly where to turn! And to actually get resolution. On top of that being treated with dignity and respect- definitely minimizes the stress when going through difficult predicaments.
Translated from the reviewer's original English on Google.
Aimee ZwolinskiTrustworthy, professional, and knowledgeable. DiLibero & Associates took the time to explain everything clearly and always made me feel informed throughout the process. Their honesty, responsiveness, and attention to detail gave me confidence every step of the way. I highly recommend them to anyone looking for legal representation they can trust.
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Tony LevadaOne of the best experiences i’ve ever had legally was with this firm! Lisa and Dylan are extremely professional and determined to get you a desirable outcome! They kept me well informed throughout the entire process and were nothing but professional, understanding, and helpful. I will always recommend this firm due to its staff’s dedication to getting you results that matter!
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Elaina MI couldn’t be more impressed with Delibero and Associates. From my very first consultation, they were attentive, professional, and genuinely cared about my case. Dylan took the time to explain every step of the process and kept me informed the entire way. Their expertise and attention to detail gave me complete confidence that I was in excellent hands. What stood out most was their compassion, they treated me like a person, not just a client. The entire team worked efficiently, communicated clearly, and delivered results that exceeded my expectations. If you’re looking for a law office that combines deep legal knowledge with true dedication to their clients, I highly recommend Delibero and Associates. They turned a stressful situation into a positive outcome.
Translated from the reviewer's original English on Google.
Michael MarzilliTestimonials reflect individual experiences. Prior results do not guarantee a similar outcome.
Reviews describe individual clients’ experiences. Every matter is different.
Read all reviews on Google (opens Google Maps in a new tab)
Contract damages typically include the direct loss from the breach, consequential damages that were foreseeable when the contract was made, and the reasonable costs you incurred trying to limit the harm. In some cases, those involving unique property, a court can order the other party to perform instead of or in addition to paying damages.
Common defenses to breach of contract include the other party’s own failure to perform, impossibility or frustration of purpose, waiver of the breached provision, and disputes about whether a valid contract existed in the first place. We review the agreement and the facts before advising on defense strategy. Not every breach allegation is a valid claim.
No. Contract disputes can be resolved through negotiation or mediation without ever filing a lawsuit. A formal demand letter from an attorney puts the other party on notice that the claim is serious. We pursue pre-litigation resolution where it makes sense, and we file when it doesn’t.
Certain agreements must be in writing to be enforceable, including contracts for the sale of goods of $500 or more (UCC § 2-201; R.I. Gen. Laws § 6A-2-201 / M.G.L. c. 106 § 2-201) and agreements that cannot be performed within one year.
Rhode Island allows ten years to bring most contract claims, written or oral (R.I. Gen. Laws § 9-1-13(a)). Contracts for the sale of goods are the key exception. They carry a four-year limit in both Rhode Island and Massachusetts (R.I. Gen. Laws § 6A-2-725; M.G.L. c. 106 § 2-725). Other Massachusetts contract claims generally must be brought within six years (M.G.L. c. 260 § 2), or twenty years for contracts under seal. The clock generally starts running when the breach occurs. Don’t assume you’ve missed the window without checking, but don’t wait either. Evidence gets harder to gather as time passes.
In most breach of contract cases in Rhode Island and Massachusetts, each side pays their own fees regardless of outcome unless the contract itself includes a fee-shifting provision, or a specific statute applies. We identify any fee-shifting applicability at the outset and factor it into our assessment of whether the case is worth pursuing.
One route is to deposit cash or a surety bond in the Superior Court registry for the amount claimed plus costs, interest, and reasonable attorney’s fees. On proof of the deposit and a motion, the court enters an order discharging the notice and releasing the property. The lien claimant then pursues the deposit or bond instead (R.I. Gen. Laws § 34-28-17).
Not in Rhode Island. A contract term that bars filing a notice of intention or enforcing a lien is void as against public policy. A written lien waiver signed at the time of payment or after payment is allowed (R.I. Gen. Laws § 34-28-1(b)).
Use this guide as the starting point for breach, performance, payment, and contract-enforcement questions. Bring the signed agreement and amendments, a performance chronology, invoices, and notices. For construction matters, include any lien paperwork and the dates it was received. The document and applicable jurisdiction determine the available response.
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