Contractual disputes

Why would someone need this service?

Contractual disputes will inevitably occur from time to time. Whether they arise as a result of partnership disputes, building or construction disputes or following the purchase of goods or commodities, to name but a few examples, we can provide you with guidance and assistance.

How does the process work?

Once instructed we will need to consider the contract in order to properly understand its terms and conditions with a view to establishing whether a breach has in fact occurred.

If appropriate, we will write to the opposing party to inform them of the breach and to request that they take measures to rectify the situation. Furthermore, if financial losses have arisen as a result of the breach, we will request compensation on behalf of our client.

It is sensible to consider whether an early meeting between the parties may lead to a negotiated settlement being agreed without the need to issue court proceedings. It is a more cost effective and speedier process to attempt to resolve disputes via an early meeting, or through the use of mediation rather than by issuing court proceedings. However we recognise that it is not always possible or appropriate to resolve disputes in this manner and in some cases it will be necessary to issue court proceedings.

How long does it take?

If the parties are open to working towards a negotiated settlement then it may be possible to resolve the dispute within a matter of weeks.

If court proceedings are issued and these are undefended, it will normally be possible to request judgment within 14 to 28 days after the court papers have been served on the opposing party.

If court proceedings are defended, it will normally take between 12 and 18 months for the dispute to reach trial. It is however usually the case that the vast majority of cases settle prior to trial.

Is it expensive? How much will it cost?

We will provide you with an estimate of costs at the outset once we have been given details of the dispute.

What should people consider before calling?

It would be helpful if you could have to hand a copy of the contract as well as any other relevant documentation concerning the alleged breach that has occurred.

Contractual disputes tips

  • It is often the case that a party who has suffered a breach of contract may not wish to bring to an end the business relationship between themselves and the other contracting party, instead they simply want to be compensated for the breach that has occurred
  • With careful negotiation it is possible for the parties to maintain a good business relationship, leaving the solicitors to negotiate with regard to the breach that has occurred

Contractual disputes myth busting

What myths surround this area?

Not all breaches of contract permit a party to terminate a contract. Some breaches may only warrant a payment of damages as opposed to termination.