Contract Claims
Contracts are key to the operation of businesses. Whether agreed in writing or formed through verbal discussions, contracts create rights and obligations that businesses rely on every day. Do you have a claim for breach of contract from one of your suppliers? Or are you facing an allegation of breach of contract? Our team can work with you to assess the most suitable remedy in the circumstances.
The contract
Understanding exactly what was agreed is often the first step in resolving a contract dispute. We'll carry out a detailed review of the contractual documents and any relevant pre contract communications to establish the terms of the agreement. We'll identify the key provisions, assess the issues in dispute and provide clear advice on the strength of your position and the options available to you.
Implied terms
Not all terms are explicit in a contract, some may be implied at law, or as a result of a parties conduct or statements. We will advise you on any terms relevant to your dispute.
Assessing the breach
We will consider the nature of the breach, or alleged breach, and the consequences of that. This is key to informing case strategy and assessing whether any breach is material, or capable of being remedied.
Remedies
The right remedy will depend on the nature of the dispute and the outcome you're looking to achieve. We'll help you understand the options available, whether you're pursuing a claim or responding to one. This may include terminating the contract, recovering damages for losses suffered or, in some cases, seeking an order requiring the other party to comply with their contractual obligations.
Mitigation
A party cannot recover damages for any loss caused by a breach of contract if it could have avoided that loss by taking reasonable steps. This is sometimes referred to as the “duty to mitigate”. We will advise you on mitigation.
Questions we’re often asked
Yes, any claim must be issued within six years from the date on which the cause of action accrued (usually the date of breach).
We understand that court proceedings are not always in the best interests of our clients. We will work with you to consider appropriate methods of alternative dispute resolution and aim to achieve a negotiated compromise.
Depending on the type of claim you pursue, the main remedy is an award of damages to put you in the position you would have been in had there not been a breach of contract.
Experts in every area
Need an expert in
commercial disputes
?
For more information or a no obligation discussion, please call or email our team today.
-min.avif)
