What legal steps can I take against a supplier who does not adhere to contractual agreements?
December 30, 2023 | 80,00 EUR | answered by Renate Germer
Dear Attorney specializing in Business Law,
I am reaching out to you as I urgently need advice on a legal matter with a supplier. My name is Wolfgang Fischer, owner of a medium-sized company in the construction industry. I have been experiencing issues with one of my suppliers who is not fulfilling contractual agreements.
The situation is as follows: Some time ago, I entered into a contract with the supplier for the regular delivery of construction materials. This contract includes clear agreements regarding delivery times, quality standards, and prices. Unfortunately, the supplier has not been meeting their contractual obligations lately. Deliveries are constantly delayed, the quality of the materials supplied no longer meets the agreed standards, and prices are suddenly increased without prior communication.
This situation is causing me great concern as contract compliance is crucial for my company. I would like to know what legal actions I can take against the supplier to protect my interests and enforce the contract. Are there ways to compel the supplier to fulfill their contractual obligations? Or is it possible to pursue claims for damages?
I appreciate your assistance in advance and look forward to your expert advice.
Sincerely,
Wolfgang Fischer
Dear Mr. Fischer,
Thank you for your inquiry and for trusting in my professional expertise. I am sorry to hear that you are currently experiencing such problems with your supplier. Compliance with contracts is crucial in the business world, and it is important that you protect your interests and enforce the contract.
In your case, where the supplier is clearly not fulfilling their contractual obligations, you have various legal options to take action against them. First and foremost, you should carefully review the contract itself to determine the specific agreements regarding delivery times, quality standards, and prices that were made. These agreements will form the basis for your next steps.
Regarding the delayed deliveries and poor quality of materials, you can first formally demand in writing that the supplier fulfill their contractual obligations. Give them a reasonable deadline within which to address the issues. If the supplier continues to fail to deliver or improve the quality, you can then take legal action.
Depending on the severity of the contract breach, you may, for example, seek compensation from the supplier. This compensation is intended to compensate you for the financial losses incurred as a result of the contract breach. Alternatively, you can also seek judicial enforcement of the contract by applying for an injunction or filing a lawsuit against the supplier.
It is advisable to seek legal assistance for these steps to ensure that your interests are effectively represented. I am available for an online consultation to discuss your situation in more detail and to develop a strategy together on how to proceed against your supplier.
I hope this information is helpful to you and I am available to answer any further questions you may have.
Sincerely,
Renate Germer
Commercial Law Attorney
