The breach of a contract or a dispute over the terms of a contract can be very damaging to a business. However, early intervention can often resolve issues before the situation escalates and positions become entrenched.
At Thornton Jones, our company and commercial solicitors have extensive experience in resolving contract disputes and representing clients in breach of contract cases.
Our contract disputes expertise includes:
- Supply agreements
- Agency agreements
- Distribution agreements
- Franchise agreements
- Warranty and indemnity claims
- Consultancy agreements
We will take the time to understand your business and advise you of the possible options for resolving the disagreement that has arisen. We have expertise across a range of sectors and an excellent track record of success in settling issues arising from breach of contract disputes satisfactorily for our clients without recourse to the courts.
If your dispute does require a hearing, we will put together a strong case on your behalf and ensure that you have robust representation.
Talk to us about contract disputes and breach of contract today
For expert advice, please speak to our breach of contract solicitors at our offices in Wakefield, Ossett, Garforth, Sherburn in Elmet or Mapplewell, West Yorkshire.
Have a quick question or want to request a call back? Use our online enquiry form.
Our expertise with contract dispute resolution
Supply agreements
Supply agreements can be fundamentally important to a business and if a dispute arises it will need to be dealt with quickly so that you can either resume the relationship or leave the existing agreement and move on to a new supplier.
We can advise you on disputes arising in respect of the purchase or supply of goods, services, information and technology and work with you to find a fast resolution to any issues that have arisen.
Agency agreements
Agency agreements are often complex. A level of trust and good faith is necessary on behalf of both parties and it is easy for doubts to arise if a relationship deteriorates. Where possible, our contract disputes solicitors will try to resolve issues without recourse to the courts so that the relationship can continue, where this is desirable.
Distribution agreements
As well as having a robust distribution agreement in place, you will need to monitor your distributors and ensure they are observing any restrictions you have imposed on them. You could find that there has been a breach of a competition covenant or that a distributor has strayed outside of their permitted trading area.
We can intervene on your behalf to advise the defaulting party of any wrongdoing and ensure that the terms of your distribution agreement are observed.
Franchise agreements
Franchising your business or taking on a franchise will involve an in-depth franchise contract. Disagreements can arise over a range of issues, from finding the market was not as you expected or a lack of promised support to failure to adhere to the obligations contained in the franchise agreement.
We will identify the key issues and advise you on the potential for resolving these amicably so that you can continue your franchise arrangement. If the franchise relationship has broken down, we can talk through your options with you and work towards the best possible solution for you and your business.
Warranty and indemnity claims
Contracts will generally include a number of warranties and indemnities given by the parties, particularly in contracts for the purchase of a business. The seller will confirm various facts by way of warranty, for example, that the financial position as disclosed is correct, and will also provide indemnity against certain issues, such as legal claims arising from events that occurred before the date of sale.
Where a warranty is breached or you wish to rely on an indemnity, we can represent you in proceedings to rectify matters.
Consultancy agreements
Using consultants rather than employing someone can offer a business flexibility and savings, however disputes can arise over issues such as confidentiality, ownership of intellectual property and performance. We can advise you on your rights and, where necessary, take action to enforce them.
Our contract dispute resolution methods
Early intervention in a contract dispute often minimises the damage and encourages the parties to look pragmatically at the issue. By settling an issue as soon as possible, it is sometimes feasible for the parties to resume a profitable relationship with each other.
We can help you to identify the keys issues that are most important to your organisation and ensure that they are prioritised in any negotiations. Our team are often able to find innovative solutions and acceptable compromises that mean a dispute can hopefully be resolved to the satisfaction of both parties and the difficulties put behind you.
If negotiation does not result in a resolution, we can represent you through mediation with a neutral third party to try to settle matters that way.
Settling a contract dispute without recourse to litigation is generally faster and more cost-effective than a court hearing and can prevent the parties’ relationship deteriorating further.
Contract Disputes and Breach of Contract FAQs
A breach of contract occurs when one party fails to fulfil their obligations as outlined in the contract, whether through non-performance, late performance, or inadequate performance.
There are generally three types of breaches:
Minor Breach: A slight deviation from the contract that does not significantly impact the overall agreement.
Material Breach: A substantial failure to perform that adversely affects the contract’s purpose, allowing the other party to seek damages or terminate the contract.
Anticipatory Breach: When one party indicates they will not fulfil their obligations before the performance is due.
Review the contract to confirm the terms and obligations. Document the breach and any communications regarding it, and consider discussing the issue with the other party to seek a resolution before escalating.
Yes, you can sue for breach of contract, provided you can demonstrate that a valid contract existed, a breach occurred, and you suffered damages as a result.
You may be entitled to several types of damages, including:
Compensatory Damages: To cover direct losses and costs incurred.
Consequential Damages: For indirect damages that result from the breach.
Punitive Damages: Rarely awarded, these are intended to punish particularly harmful behavior.
Specific Performance: A court order requiring the breaching party to fulfil their contractual obligations.
Evidence is crucial in proving a breach. This may include the contract itself, correspondence between parties, invoices, payment records, and witness statements.
To minimise disputes, ensure that contracts are clear, detailed, and unambiguous. Include terms regarding dispute resolution, such as mediation or arbitration, and maintain open communication with the other party.
Yes, many disputes can be resolved through negotiation, mediation, or arbitration, which can be faster and less costly than litigation.
If the other party refuses to negotiate, you may consider sending a formal demand letter outlining your claims. If that doesn’t work, you may need to explore legal options.
The statute of limitations for filing a breach of contract claim varies by jurisdiction and the nature of the contract. It can range from 1 to 6 years, so it’s important to act promptly. If you have specific concerns or need tailored advice, consulting a legal professional is advisable.
Contact our contract disputes solicitors in West Yorkshire
For expert advice on contract dispute resolution, speak to a breach of contract lawyer in our offices in Wakefield, Ossett, Garforth, Sherburn in Elmet or Mapplewell, West Yorkshire today.
Have a quick question or want to request a call back? Use our online enquiry form and one of our team will contact you promptly.
Contact Us
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Mapplewell office on 01226 339 009
☎️ Call our Ossett office on 01924 586 466
