STATE OF NEW HAMPSHIRE
[COUNTY] SUPERIOR COURT
Docket No.: ____
________,
Plaintiff,
v.
COMPLAINT
(Breach of Contract)
________,
Defendant.
[// GUIDANCE: Replace bracketed placeholders with client-specific information. Double-check party names and corporate statuses against the underlying agreement and public records.]
TABLE OF CONTENTS
- Parties ..................................................................................................................... 2
- Jurisdiction and Venue ...................................................................................... 2
- Factual Allegations ............................................................................................. 3
- Cause of Action – Breach of Contract ............................................................. 5
- Damages .............................................................................................................. 6
- Conditions Precedent & Compliance with Rule Requirements ........................ 6
- Prayer for Relief ................................................................................................. 7
- Jury Demand (Optional) ..................................................................................... 8
- Certification of Service ....................................................................................... 8
- Verification (If Required) .................................................................................. 9
- Signature Block .................................................................................................10
1. Parties
1.1 Plaintiff. [PLAINTIFF LEGAL NAME], a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS] (“Plaintiff”).
1.2 Defendant. [DEFENDANT LEGAL NAME], a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS] (“Defendant”).
1.3 At all relevant times, Plaintiff and Defendant (collectively, the “Parties”) entered into the Contract (defined below) and conducted business within the State of New Hampshire.
2. Jurisdiction and Venue
2.1 This Court has subject-matter jurisdiction over this action pursuant to New Hampshire common law governing contract disputes and because the amount in controversy exceeds the minimum jurisdictional threshold of the Superior Court.
2.2 Personal jurisdiction is proper because Defendant transacted business in New Hampshire, executed and performed the Contract in whole or in part within the state, and/or purposefully availed itself of the privileges of conducting activities in New Hampshire.
2.3 Venue is proper in this Court under applicable venue statutes and court rules because [a substantial portion of the acts giving rise to the claim occurred in this county / the Contract’s forum-selection clause designates this county / Defendant resides or has its principal place of business in this county].
[// GUIDANCE: If the Contract contains a forum-selection clause, quote it verbatim here and attach the Contract as “Exhibit A.”]
3. Factual Allegations
3.1 On or about [DATE], the Parties entered into a written agreement titled “[FULL NAME OF CONTRACT]” (the “Contract”). A true and correct copy of the Contract is attached as Exhibit A and incorporated herein by reference.
3.2 Under the Contract, Plaintiff agreed to:
(a) [Provide goods/services] as more fully set forth in Section [___] of the Contract;
(b) Meet the performance standards and delivery schedule therein; and
(c) [Other key obligations].
3.3 In consideration, Defendant agreed to:
(a) Pay Plaintiff [AMOUNT] within [NUMBER] days of each invoice;
(b) [Other monetary or non-monetary obligations]; and
(c) Abide by all other terms and conditions set forth in the Contract.
3.4 Plaintiff fully performed, or was ready, willing, and able to perform, all of its obligations under the Contract.
3.5 Beginning on or about [DATE], Defendant materially breached the Contract by, inter alia:
(i) Failing to remit payment of [AMOUNT] for Invoice Nos. [____];
(ii) Refusing acceptance of conforming goods/services delivered on [DATE]; and
(iii) [Describe any additional breach acts with specificity].
3.6 Plaintiff provided Defendant with written notice of default dated [DATE] and afforded the contractual [NUMBER]-day cure period. Defendant failed to cure. A true and correct copy of the notice is attached as Exhibit B.
3.7 As a direct and proximate result of Defendant’s breaches, Plaintiff has suffered damages in an amount presently estimated to be not less than $[____], exclusive of pre- and post-judgment interest, costs, and attorneys’ fees.
4. Cause of Action – Breach of Contract
4.1 Plaintiff realleges and incorporates by reference Paragraphs 1 through 3.7 as though fully set forth herein.
4.2 The Contract constitutes a valid and enforceable agreement supported by adequate consideration.
4.3 Plaintiff performed, or was excused from performing, all conditions precedent, covenants, and obligations on its part to be performed.
4.4 Defendant breached the Contract as detailed above.
4.5 Defendant’s breaches directly and proximately caused Plaintiff to sustain damages in an amount to be proven at trial.
4.6 Plaintiff is entitled to all remedies available under New Hampshire law, including, but not limited to, compensatory damages, consequential damages reasonably contemplated by the Parties, equitable relief, pre- and post-judgment interest, and costs of suit.
5. Damages
5.1 Unpaid Contract Amounts: ............................................. $[_]
5.2 Incidental and Consequential Damages: ........................... $[]
5.3 Pre-Judgment Interest (accruing at ___ %): ...................... $[_]
5.4 Attorneys’ Fees and Costs (per contractual fee-shifting): .... $[]
Estimated Total (subject to proof at trial): ................. $[____]
[// GUIDANCE: Insert a separate line item for each discrete category of damages. NH generally allows prejudgment interest as a matter of law once damages are liquidated.]
6. Conditions Precedent & Compliance with Rule Requirements
6.1 All contractual and procedural conditions precedent to filing this action have been satisfied, performed, or waived.
6.2 Automatic Disclosures. Plaintiff acknowledges the duty to comply with New Hampshire Superior Court Civil Rule requirements for early disclosures and proportional discovery.
6.3 Service of Process. Upon issuance of summons by the Clerk, Plaintiff will cause service to be made in accordance with New Hampshire rules governing service by sheriff, deputy sheriff, or authorized process server.
6.4 Discovery Limits. Plaintiff anticipates that standard discovery limits under the Superior Court Rules will suffice but reserves the right to move for additional discovery should complexity warrant.
7. Prayer for Relief
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as follows:
A. Awarding compensatory damages in an amount to be determined at trial but not less than $[____];
B. Awarding incidental and consequential damages as allowed by law;
C. Awarding pre- and post-judgment interest at the maximum rate permitted by law or the Contract;
D. Awarding Plaintiff its reasonable attorneys’ fees and costs pursuant to the Contract and/or statutory authority;
E. Granting permanent injunctive relief enjoining Defendant from [describe ongoing contractual violations, if any], or, in the alternative, specific performance of the Contract;
F. Such other and further relief as the Court deems just and equitable.
8. Jury Demand (Optional)
Plaintiff hereby demands a trial by jury on all issues so triable.
[// GUIDANCE: Omit or modify this paragraph if the Contract contains an enforceable jury-trial waiver.]
9. Certification of Service
I hereby certify that on this ___ day of ____, 20__, a copy of the foregoing Complaint, together with all exhibits, was served upon Defendant by [method of service] in accordance with New Hampshire Superior Court Rules.
[ATTORNEY NAME], Esq.
10. Verification (If Required)
STATE OF _ )
COUNTY OF ______ ) ss.
The undersigned, being duly sworn, deposes and states: I am the [title] of Plaintiff in the above-captioned matter; I have read the foregoing Complaint and know the contents thereof; and the same is true to the best of my knowledge, information, and belief.
[NAME], [TITLE]
Subscribed and sworn before me
this ___ day of ____, 20__.
Notary Public/Justice of the Peace
My Commission Expires: ____
[// GUIDANCE: New Hampshire does not generally require verification of most civil complaints. Include only if a particular statute, court rule, or factual circumstance necessitates it.]
11. Signature Block
Respectfully submitted,
PLAINTIFF
[PLAINTIFF LEGAL NAME]
By its Attorneys,
[ATTORNEY NAME], Esq.
NH Bar No. ______
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Dated: ______
[// GUIDANCE:
1. Attach the Contract as Exhibit A and the default notice as Exhibit B.
2. Review the Contract for any notice, cure, or alternative dispute resolution prerequisites and confirm compliance before filing.
3. Confirm monetary jurisdictional thresholds and venue facts for the chosen county.
4. After filing, promptly obtain summons from the Clerk and comply with NH service-of-process timelines.
5. Calendar automatic disclosure deadlines (generally 30 days after service of the Answer) under Superior Court Rule 22.]