Have you purchased defective goods or services and want to know where you stand with regards to a contract dispute?
Our team of solicitors look at whether you could have a valid claim:
Is there a valid contract?
Before pursuing a contractual dispute, you need to establish if there is a valid contract. This would involve:
Offer:
An offer must be made by one party to another.
Acceptance:
The offer must be accepted (in writing or verbal).
Consideration:
Something valuable must be promised by one party to the other.
Has there been a breach of contract?
Undoubtedly, you will need to establish whether events have amounted to a breach of contract.
Examples of contract breach:
The services carried out are defective.
The goods provided are defective.
You haven’t received services or goods.
Finally, the other party has not performed their duties as set out in the terms of the contract. For example, a construction company has not complied with its duties under a JCT or RIBA contract.
Are you entitled to damages?
If you can establish the above, you may be able to claim damages for the breach of contract during the dispute.
Indeed, the key question becomes: How much loss have you suffered?
For example, if you purchased a car for £8,000 only to find it is defective, your loss may be the £8,000 for a complete replacement or it may be a few thousand to make it fit for purpose, plus other costs such as transportation of the vehicle. You would need to evidence this loss via an invoice or receipt.
How do you obtain an adequate remedy?
We always advise avoiding litigation due to the risks and costs involved and suggest you exhaust other avenues where possible. As a result, It may be a case of contacting the company or individual that provided such goods or services directly with your concerns to resolve the matter swiftly and commercially. Sometimes picking up the phone does the job!
Should your contract dispute remain unresolved and your losses unrecovered, it may be necessary to issue proceedings (Please note: This must be within a maximum of 6 years from the date of knowledge of the alleged breach for contractual disputes).
Before disputing the contract, consider:
Have you exhausted pre-litigation steps?
For example, contacting the company directly to seek a resolution.
Is the breaching party governed by a regulated body?
Find out if the company is governed by a regulated body via their website. Thus, disputing a contract via these bodies may lead to a resolution.
Do you have insurance in place?
This may be home or business insurance. If so, check your insurance policy to see if you have legal cover as you may be able to pursue any claim through your insurance company’s panel of solicitors.
Are the estimated legal costs proportionate to the claim at hand?
These are our costs for claims under £10,000.
Can you fund the legal costs involved?
Find current court fees here.
Is the breaching party able to pay?
If they are a company, view their latest accounts on Companies House using this resource to input the company name then check the last set of filed accounts. If they are an individual, carry out credit checks before you initiate a dispute. You’re likely to waste time and money if the party is unable to pay out on a claim.
Still unsure? Or requiring further assistance for your contract dispute?
Get in touch to speak to one of our legal experts.