Contract Dispute Lawyers

A breach of contract occurs when a party fails to perform an obligation owed under a legally binding agreement without lawful justification. It may be a failure to pay, a failure to deliver, delivery of something that does not conform to the contract, or a refusal to perform altogether. Not every breach gives rise to a right to terminate: whether the breach is a condition, an innominate term or a warranty determines the remedies available. See our breach of contract claims page for the full picture.

The standard limitation period for breach of contract is six years from the date of the breach under the Limitation Act 1980. Where the contract is executed as a deed, the period is twelve years. Limitation can be affected by concealment, fraud or mistake. It is critical to seek legal advice promptly, because once a claim is out of time it cannot be pursued regardless of its merit.

The general principle is that damages put the innocent party in the position they would have been in had the contract been performed. The loss must not be too remote: it must arise naturally from the breach, or have been in the reasonable contemplation of the parties at the time the contract was made. The innocent party must also take reasonable steps to mitigate their loss. We advise on the heads of loss available and the evidence needed to prove them.

Only if the breach is sufficiently serious. A breach of a condition or a repudiatory breach of an innominate term gives the innocent party the right to accept the repudiation and treat the contract as at an end. A breach of warranty sounds in damages only. If you terminate without a right to do so, you may yourself be in repudiatory breach. Whether to accept a breach or to affirm the contract is one of the most important decisions in any contract dispute and should be taken on advice.

A formal letter setting out the nature of the claim, the basis for it and the remedy sought, sent to the other party before proceedings are issued. The Civil Procedure Rules require compliance with a pre-action protocol, which includes giving the defendant a reasonable opportunity to respond. A well drafted letter before claim often resolves the dispute without the need for court proceedings.

The court expects parties to consider and attempt alternative dispute resolution before issuing proceedings. While mediation is not compulsory, an unreasonable refusal to mediate can result in costs penalties even if you win the case. Mediation resolves most disputes in a single day and at a fraction of the cost of trial. We advise on when mediation is the right step and when it would be premature.

In England and Wales, both terms describe a legal professional who handles contract disputes. A solicitor is regulated by the Solicitors Regulation Authority, while a barrister is regulated by the Bar Standards Board. Pinpoint Lawyers is barrister led, which means the person who would argue your case in court is the person advising you from day one, at fixed fees around 30% below a standard law firm.