Contract Dispute Solicitors

Business conflicts are an inevitable reality that many business owners encounter at certain points in their journey. The spectrum of potential disagreements is extensive. They may include contractual conflicts with suppliers, internal business disputes, violations of intellectual property rights, and issues concerning commercial properties.

Regardless of the nature of the dispute, its disruptive potential underscores the necessity for prompt and efficient resolution to minimise its repercussions on your business. Law firms that specialise in contract disputes can provide assistance to companies and individuals involved in these conflicts. They can be essential for helping them to understand their rights and options, and to reach a resolution that is in their best interests.

Contract disputes

Contract disputes can arise at any time during the course of business. A contract dispute solicitor can be an essential tool for resolving commercial contract disputes via negotiation, mediation, arbitration or court action.

There are many types of contractual disputes including:

Breach of contract:

This occurs when one party fails to fulfil their obligations under the contract. It can involve partial or complete failure to perform any term of a contract without a legitimate legal excuse.

Misrepresentation:

Disputes arise when one party makes a false statement that induces another party to enter into the contract. If the misrepresentation is proven, the contract may be voidable, and the injured party may claim damages.

Non-performance:

This is a specific type of breach where one party does not perform their contractual duties at all. This can lead to the other party seeking remedies such as damages or specific performance.

Delayed performance:

When one party performs their obligations but not within the time frame specified in the contract, it can cause disputes, especially if time is of the essence in the agreement.

Payment disputes:

Common in construction and service contracts, these disputes involve disagreements over the amount of payment, timing, or conditions under which payments should be made.

Contract interpretation:

Disputes often arise from ambiguities or unclear terms in the contract. Differing interpretations of contractual language can lead to conflicts over the parties’ rights and obligations.

Termination disputes:

Issues concerning the right to terminate a contract, the process of termination, and the consequences of termination are common. This includes disputes over whether the termination was justified or if proper notice was given.

Variation and amendment disputes:

Changes to the contract terms during its performance can lead to disagreements over the scope and effect of such variations or amendments.

Warranty and guarantee issues:

Disputes regarding the fulfilment of warranties or guarantees provided within the contract, especially regarding the quality or performance of goods or services.

Force majeure:

These disputes arise when unforeseen events, such as natural disasters or pandemics, prevent parties from fulfilling their contractual obligations, leading to disagreements over the applicability and consequences of force majeure clauses.

Confidentiality and non-compete clauses:

Breaches of clauses related to confidentiality or non-compete agreements can lead to significant disputes, particularly in employment and business sale contracts.

Consumer contracts:

Disputes often arise in consumer contracts regarding the quality of goods and services, terms of warranties, and return/refund policies.

Resolving a contract dispute

There are several alternative methods of resolving contract disputes that parties can consider before resorting to traditional litigation.

These alternative dispute resolution (ADR) methods are designed to be more efficient, cost-effective, and flexible than going to court.

The choice of dispute resolution will depend on the type of case, the complexity, and the preferences of the parties involved. In some circumstances, a combination of dispute resolution methods may be used.

Using a solicitor can help you ensure the right method is chosen to achieve the best possible outcome.

Listed below are some commonly used methods for contract disputes:

Negotiation:

While negotiation may not be considered a formal ADR process, it is an essential and often initial step in resolving disputes. The parties directly communicate and attempt to reach a compromise without involving third parties. Negotiation can be informal or guided by legal counsel.

Mediation:

Mediation involves a neutral third party, known as a mediator, facilitating negotiations between the disputing parties. The mediator helps the parties communicate, identify common ground, and explore potential solutions. Unlike a judge, a mediator does not impose a decision but assists the parties in reaching a mutually acceptable resolution. Mediation can be less adversarial and more collaborative, making it a popular choice for many contract disputes.

Arbitration:

Arbitration is a more formal process than mediation. An arbitrator or a panel of arbitrators acts as a private judge. The parties present their cases and evidence, and the arbitrator(s) render a binding decision.

Arbitration can offer a quicker resolution than litigation. It is often used when the parties want a more private and specialised procedure.

Court proceedings:

If other dispute resolution methods fail, court proceedings may be necessary to resolve your case. If the case proceeds to Court, a Judge will make the final decision. This can often be more costly and time consuming than other methods.

ADR methods provide a more flexible and personalised approach to resolving disputes. This often leads to quicker and more amicable resolutions compared to going to court.

Remedies to a contract dispute

In England and Wales, several remedies are available for contract disputes. These remedies are designed to address the harm caused by a breach of contract and to restore the injured party, as much as possible, to the position they would have been in had the breach not occurred. Common remedies include:

• Damages
• Specific performance
• Injunction
• Recission
• Restitution
• Rectification
• Repudiation
• Account of profits

Courts will consider various factors when awarding remedies. These include the nature of the breach, the losses suffered, and the conduct of the parties.

Why choose our panel of contract dispute solicitors?

The contract dispute solicitors on our panel provide advice and assistance on a wide range of commercial contract disputes. They have a track record of success and client satisfaction.

We only connect you with the best contract dispute solicitors

All of the solicitors on our panel have the experience and expertise required to help resolve your contract dispute. Each solicitor is vetted before being allowed onto our panel and we only select the best in the business. All of our solicitor firms are authorised and regulated by the Solicitors Regulation Authority (SRA).

Cost effective options

Commercial solicitors in the UK typically charge by the hour, with rates ranging from around £150 to £350 per hour. Some panel firms may also offer fixed fee arrangements for specific services. The total cost will depend on the complexity of the work and the amount of time required.

Our solicitors also help with commercial claims, such as breach of contract and CCJ removal.