What options do I have if the contracting party does not fulfill their obligations?
October 15, 2022 | 30,00 EUR | answered by Gertrud Knorr
Dear Lawyer,
I am reaching out to you as I am currently in a difficult situation and unsure of how to proceed. My name is Lorenzo Eckstein and some time ago I entered into a contract with a company that was supposed to provide me with certain services. Unfortunately, my contractual partner has not yet fulfilled their obligations, despite me fulfilling mine.
The situation is as follows: We entered into a contract for the creation of a website for my company. The contracting party agreed to complete the website within a certain deadline and publish it online. However, this deadline has long passed and the website is still not completed. Despite my repeated inquiries and reminders, the company has not taken concrete steps to fulfill the agreed upon services.
I am very concerned about my company, as the absence of the website greatly affects our online presence and confuses potential customers. Additionally, I have already paid a large portion of the agreed compensation for the services of the contracting party without receiving the corresponding deliverables.
Therefore, my question to you is: What options do I have if the contracting party does not fulfill their obligations? Are there legal steps I can take to protect my interests and enforce the fulfillment of the contract? I would be very grateful for your professional assessment and possible solutions in this matter.
Sincerely,
Lorenzo Eckstein
Dear Mr. Eckstein,
Thank you for your inquiry and your trust in my expertise in contract law. I am sorry to hear that you have found yourself in such an unpleasant situation and are facing a contractual partner who is not fulfilling their obligations. It is important that you know your rights and act appropriately to protect your interests.
In your case, where the contractual partner has not fulfilled their obligations despite multiple reminders and deadline extensions, you have various legal options available to you. First, you should check if the contract itself contains provisions regarding delay, non-performance, or damages. These provisions can give you insight into what options you have to address the non-performance of the contract.
If the contract does not contain specific provisions, the general legal provisions of the Civil Code apply. According to § 323 of the Civil Code, you can withdraw from the contract if the contractual partner does not fulfill their obligations. However, this usually requires setting a reasonable deadline for the performance to be completed. If you have already set such a deadline and the contractual partner still does not respond, you can withdraw from the contract and potentially claim damages.
Furthermore, you can also enforce the fulfillment of the contract through legal means. You can hire a lawyer to file a lawsuit for the fulfillment of the contract on your behalf. In this context, it is important to gather all relevant documents such as the contract, correspondence with the contractual partner, and payment receipts and provide them to your lawyer.
Additionally, you can also claim damages to compensate for the harm caused by the non-performance of the contract. This may include lost profits or additional costs for hiring another company to complete the website.
Overall, I recommend seeking legal assistance promptly to effectively enforce your rights and prevent harm to your business. An experienced lawyer in contract law can help you identify the appropriate legal steps and use them to your advantage.
I hope that my explanations are helpful to you and wish you success in enforcing your claims.
Sincerely,
Gertrud Knorr
Attorney specialized in contract law
