What can I do if the contracting party does not fulfill the agreed services?
June 20, 2024 | 40,00 EUR | answered by Gertrud Knorr
Dear lawyer,
I am reaching out to you with an urgent question regarding a contract issue I am having with my current contract partner. My name is Zofia Schneider and I entered into a contract for the delivery of goods or services some time ago. Unfortunately, my contract partner is not fulfilling the agreed upon services.
The situation is very frustrating for me as I have already made my payments but am not receiving the corresponding services in return. I have tried to contact my contract partner multiple times to find a solution, but without success. My concerns are growing as I do not know how to proceed in order to enforce my right to contract fulfillment.
Therefore, my question to you is: What can I do if the contract partner does not fulfill the agreed upon services? Are there legal steps I can take to enforce my right to contract fulfillment? What options do I have to compel the contract partner to fulfill the agreed upon services?
Thank you in advance for your support and advice on this matter.
Sincerely,
Zofia Schneider
Dear Mrs. Schneider,
Thank you for your inquiry regarding your contract issue. I am sorry to hear that you are having difficulties with your contract partner and have not received the corresponding consideration for your payments. In such a situation, it is important for you to know your rights as a contracting party and how to enforce them.
If your contract partner fails to fulfill the agreed services, you can take various legal steps to enforce your right to performance of the contract. First, you should check if the contract itself contains provisions regarding non-performance or penalties. These can help you compel your contract partner to fulfill the agreed services.
If your contract partner is still unwilling to provide the agreed services, you have the option to send a reminder and set a reasonable deadline for the contract to be fulfilled. If your contract partner still does not fulfill their obligations even after this deadline, you can initiate legal proceedings.
In such a case, I recommend that you consult a lawyer who can assist you in enforcing your claims. A lawyer can file a lawsuit for performance of the contract or damages on your behalf and represent you throughout the process.
Furthermore, you should gather and keep all relevant documents, such as the contract, correspondence with your contract partner, and proof of payments, to substantiate your claims.
I hope this information has been helpful to you and I am available for any further questions you may have. Please do not hesitate to contact me if you need further assistance.
Best regards,
Gertrud Knorr
Contract Law Attorney
