Contract dispute solicitors in Leicester

Contract disputes cover everything from a supplier delivering faulty goods to a builder walking off site or a customer refusing to pay because they say the work was poor.

First questions

What does the contract actually say? That includes any terms and conditions that were part of it, which is often itself disputed. What has the other side done or failed to do? What loss has it caused? Does the contract limit or exclude liability, set time limits for claims, or require negotiation, mediation or arbitration before going to court?

Your options

Most contract disputes resolve through negotiation, sometimes helped by a letter from a solicitor setting out the claim. Mediation is quick and often effective, and courts expect parties to consider it seriously. If that fails, you can issue court proceedings, or go to arbitration if the contract requires it.

The Practice Direction on Pre-Action Conduct expects parties to exchange information and try to settle before issuing a claim, and courts can penalise those who don’t.

Remedies

Usually damages, meaning compensation to put you in the position you’d have been in if the contract had been performed. Sometimes the right to end the contract, get your money back, or, less often, an order that the other side does what they promised.

Costs and risk

Outside the small claims track, the loser usually pays a large part of the winner’s legal costs, but rarely all of them. A realistic assessment of the strength of the claim, the likely costs and whether the other side can pay should come before any decision to litigate. Check whether you have legal expenses insurance on a business policy.

Common questions