What to do in case of a breach of contract by the contracting partner?
October 21, 2023 | 40,00 EUR | answered by Konrad Höfer
Dear lawyer,
I am Carsten Mattes and have recently entered into a contract with a company. Unfortunately, I have discovered that the contracting party has not fulfilled its obligations correctly and has thus committed a breach of contract. I am very concerned about this situation and would like to know what steps I can take now to enforce my rights and find an appropriate solution.
The initial situation is as follows: I have entered into a contract with the company for the delivery of goods. In this contract, certain delivery deadlines and quality standards were agreed upon, which the contracting party did not adhere to. The goods were not delivered on time and also had defects that did not meet the agreed quality standards. As a result, significant damages were incurred and I feel my rights as a contracting party have been violated.
I have already tried to contact the contracting party and find a mutually agreed-upon solution. Unfortunately, the company has been uncooperative and refuses to take responsibility for the breach of contract. Therefore, I am looking for legal options to enforce my rights and receive appropriate compensation for the damages incurred.
My question to you as a lawyer specializing in contract law is: What legal steps can I take to address the breach of contract by my contracting party and find an appropriate solution? I would be very grateful for a detailed consultation on this matter and look forward to your support.
Yours sincerely,
Carsten Mattes
Dear Mr. Mattes,
Thank you for your inquiry regarding the breach of contract by your contractual partner. It is understandable that you are concerned in this situation and wish to find an appropriate solution. As a lawyer specializing in contract law, I am happy to assist you in enforcing your rights.
In your case, you have already tried to find a mutually agreeable solution with the contractual partner, but without success. Therefore, it is now important to take legal action to address the breach of contract and obtain appropriate compensation.
Firstly, you should check if the contract you entered into with the company contains specific provisions or clauses regarding breach of contract and the resulting consequences. Often, contracts include provisions for contractual penalties, damages, or contract termination that could help you in this situation.
If the contract does not contain specific provisions for breach of contract, you can formally demand in writing that the contractual partner fulfill their contractual obligations and compensate for the damages incurred. It is important that you gather and document all relevant facts and evidence of the breach of contract to substantiate your claims.
If the contractual partner remains uncooperative, you can take legal action to enforce your rights. This may include initiating a court injunction to demand payment of outstanding amounts. Alternatively, you can file a lawsuit for damages or contract termination to find an appropriate solution.
In such a case, it is advisable to seek advice from an experienced contract law attorney to successfully enforce your claims. An attorney can help you take the right legal steps and effectively represent your interests.
I hope that my explanations are helpful to you and I am available for any further questions. Please do not hesitate to contact me if you need additional assistance.
Best regards,
Konrad Höfer
