Contractual disputes

Expert legal advice on contract disputes

When a contract breaks down, the consequences can be stressful and costly. Whether it's due to negligence, incompetence, or a failure to deliver on agreed terms, taking the right steps quickly is crucial.

Our expertise in contractual disputes

At Anthony Gold Solicitors, we specialise in resolving contract disputes for individuals and businesses. Our experienced team will guide you through your options, helping you achieve the best possible outcome with minimal hassle.

Common reasons for contract disputes

Contracts form the backbone of personal and business dealings, setting clear expectations and obligations for all involved parties. However, when those expectations aren’t met, disputes can arise. Below, we outline the most common causes of disputes and how they can impact you or your business.

Incompetence or poor performance

Contracts often fail when one party does not perform their obligations to the agreed standard. This can include:

  • Delivering substandard goods or services that don’t meet the agreed specifications.
  • Missed deadlines or significant delays in delivering work, disrupting timelines and causing financial losses.
  • Lack of the necessary skills or expertise, leading to a failure to fulfil the contract’s objectives.

Such situations can be frustrating, particularly when your own performance or delivery depends on others meeting their responsibilities.

Negligence or mismanagement

Negligence is a frequent contributor to contract disputes. It occurs when a party fails to exercise reasonable care or attention, such as:

  • Mishandling critical processes, like managing resources, budgets, or schedules.
  • Failing to account for legal or regulatory requirements, which may render a contract void or unenforceable.
  • Ignoring important details that lead to significant financial losses or reputational damage.

Mismanagement is particularly damaging in professional or technical agreements, where precise execution is vital to the contract’s success.

Failure to fulfil obligations

One of the most straightforward yet disruptive causes of disputes is when a party simply fails to meet their obligations. Examples include:

  • A supplier failing to deliver goods on time or not delivering at all.
  • A service provider abandoning a project halfway through.
  • A client refusing to pay for services rendered or goods provided.

This type of failure can result in significant financial strain and wasted resources, as well as a breakdown of trust between the parties involved.

Ambiguity or miscommunication in contract terms

Contracts must be clear and unambiguous to avoid disputes. However, problems arise when:

  • Key terms and conditions are vague or poorly defined, leading to differing interpretations.
  • Critical responsibilities or deliverables are left unstated or misunderstood during negotiations.
  • Oral agreements or informal discussions contradict the written contract, creating confusion.

Such ambiguity often results in both parties believing they are in the right, escalating disputes further.

Breach of contract

A breach occurs when one party violates the terms of the agreement. This can take many forms, including:

  • Failing to deliver goods or services altogether.
  • Delivering defective or incorrect goods that don’t match the agreed standards.
  • Cancelling the contract without proper notice or compensation.

Breaches often cause one party to incur financial losses or damages, necessitating legal action to resolve the matter.

Changed circumstances or unforeseen events

External factors beyond the control of either party can also lead to contract disputes, such as:

  • Supply chain disruptions, making it impossible to deliver goods or services.
  • Economic downturns affecting the financial stability of one or more parties.
  • Acts of nature or government restrictions that make fulfilling the contract impractical or impossible.

These situations may require renegotiation or termination of the contract, but without agreement from all sides, disputes can quickly escalate.

Unfair or unenforceable terms

In some cases, disputes arise because the contract itself contains unfair or unenforceable terms, including:

  • Clauses that heavily favour one party at the expense of the other.
  • Terms that violate laws or regulations, making the contract void.
  • Ambiguous penalties or remedies that lead to further disagreements during enforcement.

Such issues often require careful legal scrutiny to determine whether the contract can be upheld or renegotiated.

Your options for resolving contract disputes

We work with you to identify the most effective strategy for resolving your dispute, tailored to your specific circumstances. Below, we outline the key options available and how they can help bring your case to a successful resolution.

Seeking compensation

When a breach of contract causes financial loss, seeking compensation is a common and effective remedy. This involves:

  • Calculating the losses directly caused by the breach, such as lost revenue or additional costs incurred.
  • Pursuing damages for non-financial losses in certain cases, such as harm to your reputation or loss of future opportunities.

Compensation claims require clear evidence of the breach and the resulting losses, and our team is skilled in gathering and presenting this information effectively.

Recovery of goods

If the dispute involves tangible items—such as products, machinery, or property—recovery of goods may be your priority. This option is often used in cases where:

  • The goods supplied were faulty, incorrect, or not delivered as promised.
  • Ownership of the goods is contested.

We can help you secure a legal order for the return of your property or enforce terms that require the delivery of specific items.

Injunctions to stop wrongdoing

When time is of the essence, injunctions can prevent further damage or misconduct. Injunctions are court orders that compel or prevent a specific action, such as:

  • Stopping the unauthorised use of your intellectual property.
  • Preventing the sale or disposal of disputed goods.
  • Prohibiting actions that would cause further breaches of the contract.

Injunctions are particularly effective in urgent cases, and our solicitors can act quickly to file the necessary applications.

Orders to complete a contract

If the other party is unwilling or refusing to fulfil their agreed obligations, you can seek a court order compelling them to do so. This is especially useful in disputes involving:

  • Deliverables that are unique or critical to your business, such as custom-made products or specialised services.
  • Agreements where financial compensation alone is insufficient to resolve the issue.

Our team ensures that your application for a completion order is robust and supported by clear legal arguments.

Orders for an account of assets

In cases where the other party has profited unfairly from a breach of contract, an order for an account of assets can provide transparency and accountability. This may involve:

  • Disclosing profits earned from the misuse of your intellectual property or confidential information.
  • Providing a full account of financial dealings linked to the breach.

Such orders are particularly relevant in disputes involving partnerships, joint ventures, or complex financial arrangements.

Why early legal advice matters in contractual disputes

When a contract dispute arises, the first step is understanding your position and the options available. Every situation is unique, and taking informed action is key to resolving the issue effectively.

Engaging a solicitor early in the process can save you time, money, and unnecessary stress. Without professional advice, it’s easy to make decisions that may weaken your position or escalate the dispute.

We focus on:

  • Assessing the validity of your claim or defence.
  • Identifying weaknesses in the opposing party’s position.
  • Explaining the legal and practical implications of different strategies.

Words from our clients

My husband and I have been fortunate enough to have engaged Clifford Tibber from Anthony Gold to act on our behalf in a very complex legal matter. Clifford has provided us with exemplary legal advice and representation, guiding us through a very difficult time in a manner that is both extremely professional and very approachable.

Civil Litigation Client

I cannot speak highly enough of Carmine’s advice and support. He has been kind and compassionate to me during a very stressful time and has given excellent advice at every stage. What I particularly respect and admire about Carmine is his availability. I can get hold of him whenever I need to and he’s quick to respond to any enquiries I have and allay any anxiety I was experiencing.

Civil Litigation Client

Every possible option was explored and discussed with us in plain English so we understood, it was such a relief to feel that we at last had some control over our situation. To have someone with Clifford’s integrity, depth of knowledge and experience on our side has meant the world to us, I honestly don’t know what we would have done without him.

Civil Litigation Client

Speak to our team

"*" indicates required fields

Your Name*
Please briefly explain your query.
This field is for validation purposes and should be left unchanged.

Contract disputes: FAQs

What is a breach of contract, and how can I prove it?

A breach of contract occurs when one party fails to fulfil their obligations as outlined in the agreement, whether by not performing, performing inadequately, or failing to perform on time. To prove a breach, you’ll need evidence such as the contract itself, correspondence or communications showing the failure, and documentation of the harm caused by the breach. Legal advice can help you gather and present this evidence effectively.

How do I know if my contract is legally enforceable?

For a contract to be legally enforceable, it must include an offer, acceptance, consideration (something of value exchanged), and an intention to create legal relations. Additionally, the terms must be clear, lawful, and agreed upon by all parties. If there is ambiguity or a question over the validity of the contract, seeking professional legal advice is crucial to understand your position.

Can I claim compensation for financial losses caused by a breach of contract?

Yes, you can typically claim compensation if you can show that the breach directly caused your financial losses. This may include lost income, additional costs incurred, or other damages related to the breach. To succeed, you’ll need to provide evidence of the losses and demonstrate how they resulted from the other party’s failure to uphold the contract.

How long does it typically take to resolve a contract dispute?

The time it takes to resolve a contract dispute depends on the complexity of the case, the willingness of both parties to negotiate, and whether the matter proceeds to court. Some disputes can be resolved in weeks through negotiation or mediation, while others may take several months or longer if litigation is involved. Prompt legal advice can help speed up the process by identifying the best resolution strategy.

Can I terminate a contract if the other party has breached its terms?

In many cases, a significant breach of contract (known as a “material breach”) gives you the right to terminate the agreement. However, not all breaches justify termination, and the decision depends on the specific terms of the contract and the nature of the breach. Legal advice is essential to determine whether termination is appropriate and how to proceed without risking further complications.