Contract Disputes

disputesMany parties are unaware of their contractual obligations and, often, the specific terms of the contract until something goes wrong.

Often contract disputes can be avoided by improving awareness of the agreed terms (and their likely legal effect). Equally, timely, commercial dispute resolution can prevent an issue escalating and damaging working relationships.

Contract review

It is possible to avoid many contract disputes by reviewing contracts prior to entering into them. Other parties are often receptive to discussion, appreciating that it is no one’s interests for unachievable obligations to be in place. Early review provides the opportunity for negotiation of key risk areas or, if negotiation does not achieve the desired result, other measures can be taken within the business to accommodate or mitigate the risk.

Commercial dispute resolution

When something does go wrong, legal advice quickly taken can often avoid significant costs.

Contract disputes may hinge on the factual circumstances, e.g. whether one party has actually carried out services in a required way; or the legal framework of the agreement, e.g. the meaning in law of a given clause or the correct legal interpretation of the contract.

There may also be situations where it is unclear which terms govern the contract – both parties may have put forward their own terms and seek to rely on them. I can help advise as to the terms likely to be upheld and also the impact of any terms implied by statute or case law.

I can assist in analysing the key points in issue and can provide you with clear advice as to the likely view a Court would take in respect of a contract dispute. I can also advise you as to the risks faced by the other party and the strengths of each party’s position, and can provide suggestions as to alternative methods of commercial dispute resolution.

Carefully worded correspondence can place the other party on the back foot from the very start of discussions, and sensible offers of compromise can place the other party at risk of costs should litigation ensue. Face to face meetings can also greatly assist in narrowing the issues within contract disputes, and without prejudice discussions can facilitate commercial dispute resolution. I am experienced in attending such meetings on behalf of clients, to assist in facilitating any possible compromise.

Contract disputes

Contract disputes are time consuming, expensive and unpleasant. They can also destroy business relationships. I am able to assist in providing cost effective commercial dispute resolution both amicably and, where necessary, with recourse to appropriate commercial dispute resolution mechanisms. A third party perspective and sound legal advice can ensure that you take sound decisions for your business and achieve the best outcome.

For further information or a free no-obligation quote, please contact me or complete an Enquiry Form.

Call: 07918 631548 or email: info@nelljones.co.uk

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