Contract disputes are the most common form of business disputes.

Typical situations causing contract disputes are performance, where goods or services are delivered late or not up to the required contract or industry standard, or payments, whether late payment, held back payments or non-payment.

Often, the most straightforward aspect of a contract dispute is establishing that there has been a breach. Even this can have complexities and complications such as :

• disputes over facts
• claims by defendants that written terms have been varied expressly or impliedly
• allegations that any breach has been waived or accepted
• counterclaims or claims to entitlement to set off

For experienced, practical advice on any type of contractual dispute or claim, please do get in contact with our specialist lawyers. Early advice almost always results in better outcomes.

Key issues with contract disputes

• What type of breach has occurred? What does the contract say, if anything about the consequences of a breach of this type?
• What remedies are available for the breach of contract? Do you have the right to claim damages and can you accurately quantify and evidence your loss and prove that you attempted to mitigate your loss? Are other remedies such as specific performance available and worth pursuing?
• Do you have the right to terminate the contract?
• Is there a possibility you are also in breach – could there be a counterclaim?
• Do you want or need to maintain an ongoing relationship with the other party notwithstanding the contract dispute
• Before considering taking court action, what are the potential risks of that? Even if you win a contract dispute claim at court, will the defendant be able to pay?

Contract dispute resolution

Deciding on the best approach to take where the other party is in breach of contract is rarely easy. Considerations will include commercial, cost and evidential. Starting a court claim is no guarantee o f success or recovering damages.

Alternative forms of dispute resolution (ADR) are encouraged by the Courts. The 2 most common forms are mediation and arbitration. Many contracts include mediation or arbitration clauses compelling the parties to mediate or arbitrate in the vent of a dispute.

Contract dispute experience

We regularly advise and represent clients on a range of contractual disputes including :

• Debt recovery
• Contract disputes with agents or distributors
• Disputes with suppliers such as IT companies and consultants
• Shareholder agreement disputes
• Service agreement contract disputes
• Breach of employment contract claims
• Disputes over warranties in commercial contracts
• Contractual disputes relating to misrepresentations

Lawyers for contract disputes

We have many years of experience in obtaining the best available commercial and legal outcomes with contract disputes. Please do get in contact to discuss your situation and how we can help.