What rights do I have if the contracting party does not fulfill their obligations?
February 22, 2023 | 40,00 EUR | answered by Konrad Höfer
Dear Lawyer,
I am reaching out to you because I am unsure about a legal matter and I require your expertise in contract law. My name is Piotr Winterberg and I recently entered into a contract with a company that promised me a service or goods delivery. Unfortunately, my contract partner has not fulfilled their obligations and I am now facing a problem.
The situation is that I have acted in accordance with the contract and have provided the agreed upon services. However, my contract partner has not fulfilled their obligations, whether it be through late deliveries, inadequate services, or even complete breach of contract.
Therefore, the current situation is that I have not received the agreed upon services and I am now experiencing financial or time losses. This concerns me, as I do not know what rights I have in this situation and how I should proceed to enforce my rights.
My question to you is: What rights do I have as a contract partner if the other party does not fulfill their obligations? Are there options to terminate the contract, claim damages, or take other legal actions to enforce my rights?
I would greatly appreciate it if you could assist me in this matter and inform me about my legal options. Thank you in advance for your support.
Sincerely,
Piotr Winterberg
Dear Mr. Winterberg,
Thank you for your inquiry regarding your legal situation in contract law. I am sorry to hear that you are having difficulties with your contracting party and are unsure about how to proceed in this situation. I am happy to help clarify your rights as a contracting party and to show you possible legal steps.
If your contracting party does not fulfill their contractual obligations, as a contracting party you generally have various rights to enforce your rights. Firstly, in such a case, you can demand that your contracting party fulfill the contract. To do this, you should give them a reasonable deadline to complete the agreed services. If your contracting party still does not fulfill their obligations after this deadline, you have the option to terminate the contract and, if necessary, claim damages.
The amount of damages depends on the harm you have suffered due to the breach of contract. This can be the lost profit as well as the costs incurred for substitute services. It is important to document the harm suffered as accurately as possible in order to assert your claims against your contracting party.
If you have difficulties contacting your contracting party or cannot reach an agreement, I recommend seeking legal assistance from a contract law attorney. An attorney can help you assess your claims, show you legal steps, and, if necessary, file a lawsuit in court.
Finally, I want to emphasize the importance of acting quickly in such cases to avoid losing your rights. I hope this information is helpful to you and I am available for further questions.
Sincerely,
Konrad Höfer
