Contract Disputes
Avoiding breach of contract disputes
Breach of contract disputes arise when one or more parties to a contract fails to meet the terms of the agreement whether the agreement in question is a written or an oral contract.
A contractual dispute can have a huge impact on a business and its most important working relationships. It can cause financial losses if the business is unable to deliver goods or services to their clients. It can also damage their reputation, disrupt operations and force important relationships to come to a halt.
Breaches of contract are also likely to lead to legal action. This brings not only additional legal costs but also the very real threat of having to pay the other party damages and other forms of compensation.
If you would like to discuss a possible contractual dispute, please contact us today.
What are the different types of contractual disputes?
The type of contract breaches we see most often include non-payment for goods or services, the late delivery of goods or services, completing work outside the agreed timeframe, defective products, sub-standard workmanship and the breaking the confidentiality clauses contained within a contract.
Breaches of contract can be split into:
Minor breach of contract:
A minor breach occurs when one party is technically in breach, but the breach is not sufficiently serious to undermine the contract as a whole and does not give rise to a right for the innocent party to terminate the contract and claim repudiation. It could, however, entitle the innocent party to limited damages or some other remedy.
Material/Fundamental breach of contract:
A material/fundamental breach is more substantial and as such is more likely to give rise to a right for the innocent party to terminate the contract and claim repudiation and more substantial damages.
Anticipatory breach of contract:
An anticipatory breach occurs when one party can show it is inevitable that the other party will be unable to meet their obligations and seeks immediate compensation before the actual breach occurs.
How do you resolve a breach of contract dispute?
If you feel a contract has been breached or is at risk of being breached, you should take legal advice as soon as possible; the longer the situation is left, the harder it is likely to be to work towards a resolution and manage the impact.
An experienced commercial litigator will talk you through the options open to you. They will also take a more holistic view and help you work out if suing the other party is worth it financially or if you should consider exploring mediation or arbitration or negotiate a settlement with the other party.
Why should you talk to us?
Our team of experienced litigators have extensive experience in resolving just about every type of contractual dispute. We also have an accredited mediator on the team who can help you explore alternative dispute resolution methods and, hopefully, help you avoid the time and expense of going to court.
If you think you may be at risk of becoming involved in a contractual dispute and would like to explore the best course of action with one of our dispute resolution specialists contact us online here, or to speak to our team call 0114 266 6660.
