STATE OF NEW JERSEY
SUPERIOR COURT OF NEW JERSEY – [COUNTY] VICINAGE
LAW DIVISION – CIVIL PART
[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT NAME],
Defendant.
Docket No.: ___
Civil Action
COMPLAINT (Breach of Contract)
Jury Trial Demanded
[// GUIDANCE: Insert the assigned docket number once issued by the Clerk. Attach the Civil Case Information Statement (CIS) as a separate filing per N.J. Ct. R. 4:5-1(b)(1).]
TABLE OF CONTENTS
- Parties and Service of Process
- Jurisdiction and Venue
- Factual Allegations
- Causes of Action
4.1 Count I – Breach of Contract
4.2 Count II – Breach of Implied Covenant of Good Faith & Fair Dealing
4.3 Count III – Unjust Enrichment (Pled in the Alternative) - Injunctive Relief Allegations
- Damages
- Jury Demand (If Applicable)
- Prayer for Relief
- Certifications & Verifications
- Designation of Trial Counsel
1. PARTIES AND SERVICE OF PROCESS
1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is a [corporation/LLC/individual/etc.] organized under the laws of [STATE] with its principal place of business at [ADDRESS].
1.2 Defendant. [DEFENDANT NAME] (“Defendant”) is a [corporation/LLC/individual/etc.] organized under the laws of [STATE] with its principal place of business at [ADDRESS].
1.3 Service. Service of process may be made upon Defendant at [REGISTERED AGENT NAME & ADDRESS] in accordance with N.J. Ct. R. 4:4-4.
[// GUIDANCE: Replace with any alternative method of service authorized by Rule 4:4-3 et seq. if personal service is not feasible.]
2. JURISDICTION AND VENUE
2.1 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction over this dispute pursuant to N.J. Const. art. VI, § 3 and N.J. Stat. Ann. § 2A:3-6 because the amount in controversy exceeds the monetary threshold for the Special Civil Part.
2.2 Personal Jurisdiction. Defendant transacts business in New Jersey and the causes of action arise out of Defendant’s activities within this State.
2.3 Venue. Venue is proper in [COUNTY] pursuant to N.J. Ct. R. 4:3-2 because (i) the cause of action arose here, (ii) the contract was negotiated and/or performed here, and/or (iii) Defendant resides or maintains its principal place of business here.
3. FACTUAL ALLEGATIONS
3.1 Contract Formation. On or about [DATE], Plaintiff and Defendant entered into a written contract titled “[CONTRACT TITLE]” (the “Contract”).
3.2 Essential Terms. Under the Contract, Plaintiff agreed to [BRIEFLY DESCRIBE PLAINTIFF’S OBLIGATIONS], and Defendant agreed to [DESCRIBE DEFENDANT’S OBLIGATIONS], including payment of $[AMOUNT] (the “Contract Price”).
3.3 Performance by Plaintiff. Plaintiff fully performed, or was ready, willing, and able to perform, all material obligations under the Contract.
3.4 Defendant’s Breach. Beginning on or about [DATE], Defendant failed to [SPECIFIC BREACH—e.g., tender payment, deliver goods, perform services], constituting a material breach of the Contract.
3.5 Notice and Opportunity to Cure. Plaintiff provided written notice of default to Defendant on [DATE], allowing a [NUMBER-DAY] cure period as required by the Contract. Defendant failed to cure.
3.6 Damages. As a direct and proximate result of Defendant’s breach, Plaintiff has sustained damages of not less than $[AMOUNT], exclusive of interest, attorneys’ fees, and costs.
4. CAUSES OF ACTION
4.1 Count I – Breach of Contract
4.1.1 Plaintiff realleges and incorporates by reference paragraphs 1 through 3.6 as though fully set forth herein.
4.1.2 The Contract is a valid, binding, and enforceable agreement supported by adequate consideration.
4.1.3 Defendant materially breached the Contract by [SPECIFIC BREACH].
4.1.4 Plaintiff has been damaged in an amount to be proven at trial, but no less than $[AMOUNT].
4.2 Count II – Breach of the Implied Covenant of Good Faith and Fair Dealing
4.2.1 Every contract under New Jersey law contains an implied covenant of good faith and fair dealing.
4.2.2 Defendant acted in bad faith and with improper motive by [CONDUCT], thereby depriving Plaintiff of the benefit of its bargain.
4.2.3 Plaintiff has suffered damages as a result.
4.3 Count III – Unjust Enrichment (Pled in the Alternative)
4.3.1 If the Contract is deemed unenforceable, Defendant has nonetheless benefitted at Plaintiff’s expense by receiving [BENEFIT].
4.3.2 It would be unjust for Defendant to retain such benefit without compensating Plaintiff.
5. INJUNCTIVE RELIEF ALLEGATIONS
5.1 Irreparable Harm. Unless enjoined, Defendant’s ongoing refusal to [PERFORMANCE OBLIGATION] will cause Plaintiff irreparable harm not fully compensable by money damages.
5.2 Likelihood of Success. Plaintiff is likely to succeed on the merits for the reasons stated above.
5.3 Balance of Equities & Public Interest. The balance of equities favors Plaintiff, and granting injunctive relief serves the public interest by enforcing valid contracts.
[// GUIDANCE: If injunctive relief is sought, file a separate Order to Show Cause per N.J. Ct. R. 4:52-2 and submit supporting certifications.]
6. DAMAGES
6.1 Compensatory Damages in an amount to be determined at trial.
6.2 Pre- and post-judgment interest pursuant to N.J. Ct. R. 4:42-11.
6.3 Consequential and incidental damages foreseeable at the time of contracting.
6.4 Attorneys’ fees and costs as allowed by the Contract and/or applicable law.
6.5 Such other and further relief as the Court deems just and equitable.
7. JURY DEMAND
Plaintiff demands trial by jury on all issues so triable.
[// GUIDANCE: Delete this section if the Contract validly waives jury trial rights.]
8. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:
A. Awarding compensatory damages in an amount to be proven at trial, but not less than $[AMOUNT];
B. Awarding consequential and incidental damages;
C. Awarding pre- and post-judgment interest;
D. Awarding reasonable attorneys’ fees and costs;
E. Granting preliminary and permanent injunctive relief as set forth above; and
F. Granting such other and further relief as the Court deems just and proper.
9. CERTIFICATIONS & VERIFICATIONS
9.1 Rule 4:5-1 Certification
I certify that, to my knowledge, the matter in controversy is not the subject of any other pending or concluded court or arbitration proceeding, nor is any other such proceeding contemplated. I recognize my continuing obligation to file and serve on all parties and the Court an amended certification if facts change.
Date: ___ Signature: ____
[ATTORNEY NAME], Esq.
9.2 Rule 1:38-7(b) Confidential Personal Identifiers Redaction Certification
I certify that confidential personal identifiers have been redacted from documents now submitted to the Court and will be redacted from all future filings in accordance with Rule 1:38-7(b).
Date: ___ Signature: ____
[ATTORNEY NAME], Esq.
[// GUIDANCE: Add any additional certifications required by local rules (e.g., Arbitration Track selection, Insurance Coverage).]
10. DESIGNATION OF TRIAL COUNSEL
Pursuant to R. 4:25-4, [ATTORNEY NAME], Esq. is hereby designated as trial counsel for Plaintiff in this action.
11. ATTORNEY SIGNATURE BLOCK
Respectfully submitted,
[ATTORNEY NAME], Esq.
Attorney ID No. ____
[LAW FIRM NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
Telephone: [PHONE]
Email: [EMAIL]
Counsel for Plaintiff [PLAINTIFF NAME]
[OPTIONAL] VERIFICATION BY PLAINTIFF
I, [PLAINTIFF REPRESENTATIVE NAME], certify under penalty of perjury that I have read the foregoing Complaint and that the factual statements contained herein are true to the best of my knowledge, information, and belief.
Date: ___ _______
[NAME & TITLE]
[// GUIDANCE: Although New Jersey practice does not generally require a verified complaint for contract claims, a verification may strengthen requests for preliminary injunctive relief or support venue transfers outside New Jersey.]
EXHIBITS
A. Executed Contract dated [DATE]
B. Written Notice of Default dated [DATE]
C. Civil Case Information Statement (CIS)
DISCOVERY TRACK & LIMITATIONS
[// GUIDANCE: The Clerk will assign this matter to a discovery “Track” upon filing the CIS. Track 2 (150 days) is typical for standard contract disputes; Track 3 (300 days) may be assigned if the case involves multiple parties or complex issues. The following default limits apply absent Court modification:
• Interrogatories: 25 per party (R. 4:17-1(b)(1))
• Depositions: 10 total depositions per side, each limited to 7 hours (R. 4:14-2, -7)
• Requests for Admission: 10 sets per party (R. 4:22-2)
Counsel should tailor their discovery plan to these limits or apply for relief via Case Management Order if additional discovery is required.]
SERVICE INSTRUCTIONS
[// GUIDANCE: Upon receipt of the filed, court-stamped Summons, serve (i) the Summons, (ii) this Complaint, and (iii) the CIS on Defendant within 15 days in accordance with Rule 4:4-1 et seq. File proof of service within the earlier of 10 days after service or 30 days after filing the complaint.]
END OF COMPLAINT TEMPLATE