Contract Dispute Solicitors

Collect the signed agreement, incorporated terms, orders, relevant messages and any later changes. Identify the parties and who acted on their behalf. Oral discussions and conduct may be relevant, but formation, interpretation and any formal requirements need individual assessment.

Check whether consumer rules, a specialist contract regime or a governing-law and jurisdiction clause affects the analysis. This page addresses England and Wales disputes; it does not assume that all agreements are governed by English law.

Identify the particular obligation, when performance was due and what is said to have gone wrong. Preserve delivery records, specifications, approvals, complaints and responses. A claim about defective performance needs different evidence from a claim for an agreed unpaid price.

Consider the other party's explanation, any alleged variation, and whether the contract requires notice or an opportunity to remedy. Obtain advice before stopping performance or purporting to terminate: a disputed breach does not automatically establish a right to end the agreement.

• Debt recovery

Contractual damages generally aim to compensate for the loss of the promised performance, subject to the governing terms and legal rules. The Supreme Court's Sharp v Viterra judgment explains the relationship between compensation and mitigation; it is not authority that every asserted loss must be paid.

Document the financial consequences and reasonable steps taken to reduce loss. The link to the breach, recoverability and calculation require assessment. A claim for a debt and a damages claim are not identical. Other remedies, including orders requiring or restraining conduct, need their own legal basis and are not guaranteed.

• Supreme Court: Sharp v Viterra [2024] UKSC 14

For a simple contract, section 5 ordinarily provides six years from accrual of the cause of action. This is not six years from whenever the claimant discovers the problem. Specialty claims have a different provision, subject to shorter applicable periods; other regimes and exceptions can alter the analysis.

Fraud, deliberate concealment or mistake may affect time under section 32 if its conditions are met. Contractual notice requirements also need checking. Do not assume negotiations extend limitation or that a late complaint can be cured simply by sending another letter.

• Limitation Act: simple contract
• Limitation Act: specialty claims
• Limitation Act: fraud, concealment and mistake

Set out the obligation relied on, the alleged breach, the remedy and the supporting documents. Identify the relevant protocol; where none applies, the general Pre-Action Conduct direction guides a proportionate exchange. Debt or construction-related claims may need a different protocol.

Negotiation or mediation can test possible solutions, such as payment, further work or agreed closure. Evaluate an offer against the evidence and risks, and record any agreement clearly. Court orders and deadlines still need attention while discussions continue.

• Pre-action conduct and protocols
• Dispute resolution

If resolution is not achieved, the claim's subject, remedy, value and complexity affect the court and procedural route. Allocation is not determined solely by the label 'contract dispute'. The detailed civil procedure page explains the stages of a claim or defence.

Ask Highfin to assess the documents and confirm whether it can act. Consider charges, court expenses, possible adverse costs and recovery prospects before deciding on proceedings. Neither a successful claim nor full cost recovery is promised.

• CPR Part 26: allocation
• CPR Part 44: costs
• Civil litigation
• Commercial litigation
• Contact Highfin