Your Contract Is Useless Without These 3 Backups
By Jesse David Eisenberg, Esq. | JDE Law Firm, PLLC
You signed the contract. You did the work. So why are you struggling to get paid — or worse, being accused of breaching the deal?
Here’s the harsh reality: having a signed contract isn’t enough to win in court. Contracts don’t prove what happened — only what was supposed to happen. If things go sideways, you’ll need something more.
Here are the three things every business owner should back up — now — before a dispute hits:
1. Proof of Performance
Invoices and receipts are a start, but they don’t show whether you delivered what you promised. In a dispute, courts and arbitrators look for:
- Email updates showing project progress
- Photographic evidence (for physical work)
- Delivery confirmations or client acknowledgments
Keep a digital folder per client with clear documentation of what was done, when, and how it aligns with the contract terms.
2. Written Communication History
That five-minute phone call where you agreed to extend a deadline? Useless — unless it’s in writing.
Judges rely heavily on emails, texts, and internal notes to determine intent and agreement between parties. Always memorialize key points, even if it’s a simple “just confirming our call...” email.
3. Payment Records That Match the Work
A paid invoice is great — but a payment with no clear service record attached creates confusion. So does vague Venmo or Zelle history.
Make sure every payment is clearly documented with:
- What it was for
- Which contract term it satisfied
- Who authorized it
Payment disputes often hinge on whether a client “thought they already paid.” Your clarity is your shield.
Bonus: Why This Matters More Than Ever
In New York and New Jersey, business litigation is exploding. Courts are clogged. Judges are skeptical. The winning side is usually the better-prepared one — not the one with the fancier contract.
Don’t let your airtight agreement fall apart in court because you can’t prove performance, intent, or payment.
Worried about a past deal — or want to bulletproof the next one?
Schedule a strategy consultation at www.jdelaw.nyc/consult or call 718-966-0877 (NY) or 732-490-7120 (NJ).
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