Contracts define many business relationships. When a party fails to meet their obligations, a contractual dispute develops, which can impact your business’ smooth running. Problems with the performance of a contract can come in many forms, but all can have significant repercussions on your cash flow. This can leave you in need of a fast and effective way to recover monies owed or be compensated for a service unfulfilled.
We can help
At iResolve-Legal, we specialise in commercial contract disputes and consumer contract claims. Our expert team ensures that you are put back into the position you should have been in had the contract been fulfilled. Our efficient and effective service can be tailored to your situation and covers a range of remedies from pre-litigation negotiation, alternative dispute resolutions or court action to enforce your contractual rights. Our experienced team will guide you through your options and adopt an approach that meets your business need.
No win, No Fee Contractual Disputes
When you are seeking to pursue a breach of contract claim, the last thing you want is for the claim itself to put unnecessary stress on you or your business finances. Therefore, we offer clients a ‘no win, no fee’ arrangement for most contractual dispute claims. If we can’t do that, we will provide you with an upfront fixed fee quotation so that you can assess the risk before proceeding with your claim. Again, this will be explored and explained when you first instruct us.
Contractual Dispute Services
Engage your customer
Before thinking about raising a claim or using an alternative dispute resolution, we will discuss the communications you have had with your client and consider whether further contact might bring matters to a conclusion. We understand that the nature of your business relationship might be one that you wish to preserve, and discussions or a well-crafted lawyer’s letter may be the best way to do so.
There are many reasons why a client might breach a contract term, but communication between parties is often the first thing to break down when this happens. Therefore, we always advise that you speak directly to your client. Sometimes delays occur because of poor communication within your client’s business or poor cash flow of their own. By making direct contact with them and discussing the issue, a payment plan or a plan to fulfil the contract without further delay can be agreed upon.
However, if that is not the case, direct discussions offer an opportunity to highlight the consequences and next steps you will take. At iResolve-Legal, we can help you plan the best way to approach these difficult conversations and ensure you have the tools and knowledge to support your position.
Formal lawyers letter
Where discussions have not brought about payment or performance of the contract, iResolve-Legal can prepare a formal letter, which either proposes a form of alternative dispute resolution or confirms that you will raise a court action. This will build on the information you have already provided your client in earlier discussions. We can also work behind the scenes to ensure that your client has funds or assets to cover the debt or is in a position to fulfil the contractual terms.
We will keep you up to date throughout and confirm whether or not an adequate response has been received. If not, with our trace report completed, we can guide you through the pros and cons of raising a court action or pursuing alternative remedies, as set against the prospect of recovering what is due to you.
Alternative Dispute Resolution
Arbitration or mediation are often used in contractual disputes to break a deadlock and are better at preserving the relationship should you wish to do so. Mediation allows parties to discuss matters with a neutral facilitator and split the costs of doing so. Arbitration is commonly used in commercial claims and is a more formal process. The arbitrator is usually an expert in the area in dispute, and their decision is binding. Alternative dispute resolution is typically quicker and more cost-effective than raising a court action.
Raising a Court Action for a Contractual Dispute
However, sometimes raising a court action to resolve a contractual dispute is necessary, and we will advise you to do so when it is likely to achieve the best outcome for you and your business. Although often seen as a time-consuming and expensive step to take, raising a court action in a contractual claim doesn’t have to be either. At iResolve-Legal, our expert solicitors will break the process down for you, and our transparent fee structure – which includes a ‘no win, no fee’ option – takes the uncertainty out of pursuing your debt.
A contractual claim for outstanding money will be pursued as a straightforward debt recovery action. Our guide to debt recovery breaks down the different types of court actions available to you so you can decide what is best for your business.
However, non-performance of a contract is not simply a failure to pay, and we can request a number of other outcomes from the court depending on the nature of the breach.
Remedies
Order for Payment
The court orders payment of the sum of money owed under the contract. This is a debt recovery action.
Order for Damages
We can also ask the court to award damages to compensate you for any losses you have sustained due to the breach. This award is made to put you and your business back into the position it should have been in but for the breach.
Specific Implement
Where your customer has failed to do something they were contractually obliged to do, we can ask the court to order that they now perform that act.
Enforcement
If you receive an order for payment or for damages and your client does not pay, our debt recovery team can take steps to ensure you receive the monies owed.
Contact Us for a Free Initial Assessment & Advice from Our Specialist Debt Recovery and Contractual Dispute Team.
We understand that seeking to recover your debt or pursue your client for breaching the terms of your contract or lease can seem daunting, but we will make the process as straightforward as possible for you. When you contact our team, we will take the time to understand the circumstances of your claim. After an initial consultation, our solicitors will then advise you as to whether your claim has a good chance of succeeding and whether we can work with you on a no-win, no fee basis. There is no obligation to continue with your claim at this stage.
To get started with your claim today, contact us today by calling 0141 442 0401 or complete our online enquiry form, and a member of our team will get back to you right away.
