Contract disputes
We deal with the full range of commercial disputes across a variety of sectors
Contract disputes are our bread and butter. We have experience in all forms of dispute resolution for commercial contracts including mediation, adjudication, arbitration and trials. However, the vast majority of our cases are resolved quickly through negotiation.
Contracts are the cornerstone of most businesses. When they work, they provide a solid foundation for successful commercial relationships and business growth. Parties fall out over many aspects of contracts including the rights and obligations under the contract, the interpretation or effect of particular clauses, and the validity of the contract itself. When this happens, we understand the problems it can cause, and the need for early and effective action.
Real care is needed when a dispute arises in relation to a live contract. This requires quick action, either to get a contract or project back on track, or to exercise rights of termination in appropriate cases.
Our team are experts in analysing and advising on all types of commercial contract disputes, across a wide range of industry sectors. We take time to understand each client’s business, the contractual relationship in question and the key commercial objectives. This enables us to not only advise on the law, but on strategy and the most appropriate and cost-effective way of achieving the right outcome for each client, whatever that might be.
Early expert advice is key to putting the right strategy in place and getting on the front foot in any dispute, giving you the best chance to resolve the situation quickly and effectively.
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Dispute background
Our client invested heavily in factory machines to automate and increase production rates. The pre-sales brochures and the contract advertised specified production rates for the machines. However, once installed they performed at significantly lower rates than advertised.
Matters were complicated as the contract required that any defects were to be reported within a specified period. Failure to report within this period purported to exempt the seller from any liability arising from defects, including the machines' failure to meet the advertised production rates. Because of extensive testing, the notification period had already lapsed by the time the client became aware of the issues.
Our client sought advice as regards their legal rights and the enforceability of the limitation of liability clause.
Our approach
Our client had previously enjoyed a good relationship with its supplier and was keen that any measures taken didn’t escalate the dispute unnecessarily or reduce any prospect of an early commercial resolution.
As a result, we chose to advise our client in the background and directed all correspondence through the client. This allowed our clients to put forward their best legal and commercial arguments, but with a firm focus on finding an agreed outcome they were happy with.
Dispute resolution
Following our instruction, our client was able to agree a resolution that involved being repaid a portion of the purchase price to reflect the lower value of the machines based on actual production rates.
Our approach supported our client to engage with its supplier directly with full knowledge of their legal rights. With our help, our client communicated the risks to both parties if an agreement could not be reached, in an informed and persuasive way.
Our client achieved a satisfactory financial resolution to their dispute and maintained a valued commercial relationship.
What our partners & referrers say
Resources & Guides
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A Litigator's Guide to Injunctions
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A Litigator's Guide to Shareholder Disputes
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A Litigator's Guide to Terminating Contracts
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Meet our team
Our solicitors are specialists in managing disputes and providing claims, risk management and strategic advice.
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Contact us
Get in touch with our Bristol and London teams to discuss your requirements.
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Partners & Referrers
Much of our work is referred by other solicitors, in-house counsel and other like-minded professionals.