The 7-Day Danger Zone: What to Do Immediately After a Breach
By Jesse David Eisenberg, Esq. | JDE Law Firm, PLLC
When a contract gets breached, most business owners do the worst thing possible: nothing. Or worse — they send a rushed, emotional email without legal advice.
In contract litigation, the first 7 days after a breach are critical. Delay kills leverage. Silence creates ambiguity. And missteps can come back to haunt you in court.
Day 1–2: Document Everything
Screenshot emails. Save texts. Export payment logs. Capture every interaction while it’s still fresh. If a lawsuit becomes necessary, contemporaneous records carry weight in front of a judge.
Day 3–4: Send a Strategic Demand (Not an Angry One)
This is where most people go wrong. A threatening email might feel good, but it rarely helps. A strategic demand puts your legal position on record, invites resolution, and creates a paper trail that courts respect.
Pro tip: Have an attorney draft or review this before sending. A poorly written demand can undermine your case.
Day 5–6: Assess the Contract (and the Damage)
Read the contract again — closely. Are there notice requirements? Cure periods? Limitations on recovery? Arbitration clauses? You’d be surprised how often clients miss deal-killing terms by skipping this step.
Also quantify the damage early. Courts want to know what’s at stake — not just that you’re upset.
Day 7: Decide — Enforce or Negotiate?
Don’t wait months to act. After a week, you should know whether this is a business relationship worth salvaging — or one that needs to be litigated. Every day you delay weakens your hand.
Act Early, Win Later
Whether you plan to sue or settle, early legal action puts you in control. Our firm helps businesses across New York and New Jersey protect their contracts — and win when enforcement becomes necessary.
📞 Schedule Your Breach Response Consult
Don’t let a slow reaction become a strategic mistake. The 7-day window matters. Let’s talk.
Write a comment