Dylan C. DiLibero, Esq.
Attorney
Criminal defense, state and federal · Personal injury · Civil litigation
View profileCivil litigation
Contract Disputes and Breach of Contract
Someone broke the agreement. We work to hold them to it.
What’s at stake
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 and Massachusetts. 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.
Situations we handle
Commercial Contract Disputes
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 and Contractor Disputes
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.
Real Estate Contract Disputes
Purchase and sale agreements that fall apart, disclosure failures, disputes over contingency clauses, and breach claims arising from failed closings. These disputes are generally governed by the law of the state where the property is located, and they require fast action when a closing is at risk.
Service Agreement Disputes
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.
Non-Compete and Non-Solicitation Enforcement
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.
Contract Interpretation Disputes
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.
Mechanics’ liens and construction contracts in Rhode Island
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.
- Notice of intention: mailed to the owner of record by certified or registered mail, return receipt requested, and filed in the city or town land evidence records, before or within 200 days after the work (R.I. Gen. Laws § 34-28-4).
- Lawsuit: a complaint to enforce the lien filed in Superior Court, together with a recorded notice of lis pendens, within 40 days after the notice of intention is recorded (R.I. Gen. Laws § 34-28-10).
- Contract terms: a clause that bars a contractor from filing a lien is void. A written lien waiver given at the time of payment or afterward is allowed (R.I. Gen. Laws § 34-28-1(b)).
- Owners: after a notice is recorded, the owner can deposit cash or a surety bond with the Superior Court covering the claim, costs, interest, and reasonable attorney’s fees. On the owner’s motion, the court then discharges the notice, and the claim moves to the deposit or bond (R.I. Gen. Laws § 34-28-17).
Mechanics’ liens in Massachusetts
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).
- Record a notice of contract in the registry of deeds, generally within 90 days after work was last performed. This applies to a contractor with a written contract with the owner and to anyone with a written contract with that contractor or a subcontractor (M.G.L. c. 254 §§ 2, 4).
- Record a statement of the amount due, generally within 120 days after work was last performed (M.G.L. c. 254 § 8).
- File a civil action to enforce the lien within 90 days after the statement is filed, and record an attested copy of the complaint within 30 days after the case starts (M.G.L. c. 254 §§ 5, 11).
Our approach
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 the Rhode Island and Massachusetts District and Superior Courts or in federal court. We don’t threaten litigation we’re not prepared to follow through on.
What happens next
From the first call to the work itself.
We answer
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, and the names of anyone else involved, such as the other driver, business, or insurer.
We listen
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 fight
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.
Who handles this work
Client reviews from Google
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!
Translated from the reviewer's original English on Google.
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.
Translated from the reviewer's original English on Google.
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!
Translated from the reviewer's original English on Google.
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 MarzilliReviews describe individual clients’ experiences. Every matter is different.
Read all reviews on Google (opens Google Maps in a new tab)
Frequently asked questions
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, especially those involving real estate or other 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)).
