Contractual Disputes

When a contract goes wrong

A contract is a legally binding agreement. It does not always need to be in writing: many contracts are made by email, over the phone or through a course of dealing. Whether a binding contract exists, and what its terms are, can itself be the subject of a dispute.

A breach of contract happens when one party fails to do what they agreed, does it late, or does it badly. The usual remedy is damages, intended to put the innocent party in the position they would have been in had the contract been performed. In some cases other remedies may be available.

Consumers have additional statutory rights, for example under the Consumer Rights Act 2015, which sets standards for goods, digital content and services.

Common situations

• A customer or client has not paid for goods or services
• A supplier has delivered late, incomplete or defective goods
• A builder or tradesperson has left work unfinished or poorly done
• Disagreement about what was agreed or what the contract terms mean
• One party wants to end the contract early
• Disputes about deposits, cancellations or refunds

Your options and next steps

The first step is to identify the terms of the agreement and what went wrong. We look at the documents, the communications between the parties and the loss that has been suffered.

Many contract disputes are resolved through a clear letter setting out the breach and what is required to put it right. Negotiation and mediation are often effective, especially where the parties want to continue doing business.

If a claim needs to be issued, the relevant pre-action steps should be followed first. A claim for breach of a simple contract must normally be issued within six years of the breach, or twelve years for a contract made by deed.

Documents and evidence that may help

You do not need to have everything before you contact us, but the following can help us understand your situation more quickly:

• The contract, quotation, order confirmation or terms and conditions
• Emails, letters and messages about the agreement and the problem
• Invoices, receipts and payment records
• Photographs or expert reports showing defects
• A record of any losses or extra costs you have incurred
• A timeline of what happened and when

How we assess your enquiry

1. Tell us what happened. Use the enquiry form, call or email with a short summary.
2. We review the details. We may ask a few questions or request key documents.
3. We explain your options. Including whether your matter is one we can help with.
4. You decide. Nothing goes further until you have agreed the scope of any work and any fees, confirmed in writing.

Frequently asked questions

Please note: this page gives general information based on the law of England and Wales. Different rules can apply in Scotland and Northern Ireland. It is not legal advice and should not be relied on for your particular situation. Every matter depends on its own facts, and no outcome or level of compensation can be guaranteed.