Your company has entered into a contract with a partner (customer, supplier, etc.) and you have a disagreement with them over the performance of the contract. We’ll show you how best to avoid a dispute, and how to protect your rights in the event of legal action.
Read and apply the contract
In the event of doubt or disagreement over the performance of a contract, it is always advisable to refer to it. What does it say? What sanctions does it provide for?
If you have entered into an agreement with your partner that deviates from the contract, find all traces of your written exchanges on this subject (sms, e-mail) and remind your partner of them.
Similarly, if you haven’t signed a written contract, keep a record of all your exchanges and the way things are usually done to prove that you’re fulfilling your obligations.
Negotiating with your co-contractor
Litigation, while it can have a very favorable outcome, is necessarily longer and sometimes more costly. Negotiation is often the quickest way to resolve a conflict situation. For a successful negotiation, remember that you are within your rights, but offer your co-contractor a solution in which he or she also has something to gain. Be firm, yet inviting, and remember that if you fail, you won’t hesitate to take your case to court.
Formal notice
Negotiating amicably does not exempt you from sending your co-contractor a letter of formal notice. This acknowledges the situation, and sets in motion certain deadlines which may encourage your co-contractor to be more reactive, and enable you to take legal action more quickly.
We urge you to consult a lawyer before drafting such a letter. It sets the framework for your potential future dispute, and it is therefore vital that it be drafted with diligence.
Consult a lawyer
Don’t wait until relations have been irretrievably compromised before contacting a lawyer. A large proportion of the disputes referred to us by our customers are settled out of court, following a formal notice and exchanges between the parties negotiating an amicable outcome.
