Contract Disputes
Commercial and consumer contract claims and defences.
A contract is a legally binding agreement between two or more parties. When one party fails to honour their obligations under a contract — whether by failing to pay, failing to perform, or performing defectively — the other party may have a legal claim for breach of contract. BW Solicitors advises individuals and businesses across Ilford and London on all aspects of contract disputes, from pre-action negotiations to court proceedings.
Important Notice
What Constitutes a Breach of Contract?
A breach of contract occurs when one party fails to perform their obligations under a legally binding agreement without lawful excuse. The breach may be total — where one party simply refuses to perform — or partial, where performance is defective or incomplete. A breach of a condition (a fundamental term of the contract) generally entitles the innocent party to treat the contract as discharged and claim damages. A breach of a warranty (a less important term) gives rise to a claim in damages only.
- Failure to pay for goods or services provided
- Failure to deliver goods or complete services as agreed
- Defective or incomplete performance of contractual obligations
- Misrepresentation — a false statement that induced the other party to enter the contract
- Anticipatory breach — where one party indicates in advance that they will not perform
- Unfair contract terms — challenges under the Consumer Rights Act 2015 or UCTA 1977
Remedies for Breach of Contract
The primary remedy for breach of contract is damages — a financial award designed to put the innocent party in the position they would have been in had the contract been performed. In certain circumstances, the court may award specific performance — an order requiring the party in breach to perform their obligations — or an injunction preventing a continuing breach. Our solicitors will advise you on the most appropriate remedy for your specific circumstances and the strength of your claim.
- Compensatory damages — loss of bargain and consequential losses
- Expectation damages — placing you in the position you would have been in
- Reliance damages — recovering wasted expenditure
- Specific performance — ordering the party in breach to perform
- Injunction — preventing a continuing or threatened breach
- Rescission — unwinding the contract where there has been misrepresentation
Resolving Contract Disputes Without Going to Court
Court proceedings are not always the most efficient or cost-effective way to resolve a contract dispute. Many disputes are resolved through well-drafted pre-action correspondence, negotiation or mediation — often more quickly and at far lower cost than litigation. Our solicitors will always advise you on the full range of options, including the likely costs and timescales of each, before recommending a course of action. Where court proceedings are necessary, we will pursue them with full rigour.
Why Choose BW Solicitors?
Our civil litigation team has experience in contract disputes across a wide range of sectors and values — from relatively modest consumer claims to significant commercial disputes. We provide practical, commercially minded advice and work efficiently to resolve matters in the most cost-effective way for our clients. We serve individuals and businesses across Ilford, East London and Greater London.