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Contractual Disputes

Not all contracts need to be in writing to be binding, nor do all written contracts need to be signed to be binding.

Contractual disputes commonly involve determining:

  • What terms have been incorporated into the contract, e.g. whether representations made pre contract have been incorporated into the contract or representations made post contract have varied the contract
  • Whose Terms and Conditions apply, e.g. you may have ordered goods on your Terms and Conditions but the supplier says their Terms and Conditions apply
  • Have the terms been complied with, e.g. has the work been done or the goods delivered by a certain date?
  • Whether a party to the contract is entitled to terminate the contract if the other party is in breach, e.g. an invoice has not been paid – does this entitle you to stop work?
  • Are penalty provisions enforceable, e.g. work has not been completed on time and penalty provision requires a specified payment for the delay – can you insist on payment or do you have to pay?
  • Whether limitation of liability or exclusion of liability provisions are valid, e.g. can such clauses be relied upon to avoid an otherwise valid claim?

Our team has a wealth of experience in advising on such matters. So whether we are dealing with an oral contract, standard Terms and Conditions or a lengthy tailor-made document, you can be assured that we will work hard to ensure you have the best advice and representation suited to your business needs.

If you would like to make an appointment with a dispute resolution solicitor, contact our team direct on 01278 454431 or freephone 0800 862 0442. Alternatively, complete our online enquiry form and we'll call you back as soon as possible.
 

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