Breach of Contract
The team at Roberts Gray Lawyers can help clients with two aspects of contract management. Firstly, we can assist with ensuring any new contracts are favourable to our clients and protect their interests. Secondly, we can assist clients to determine if a breach of contract has taken place and the best options for remedying the situation.
We have extensive experience relating to the legal matters to be considered when assessing failures to observe provisions of contracts and the laws pertaining to contractual agreements.
By taking a considered analysis, we assist clients with a process of deciding how best to handle a contract breach. Sometimes we recommend a business solution and sometimes we recommend litigation. Our recommendations revolve around protecting our clients and their business interests.
If the best option is litigation, our legal team, and associated advisers, will take expeditious action to protect our clients’ businesses and their reputations. Our experienced team will seek solutions for contract disputes, while supporting robust capacity to continue with business.
Contracts are critically important for the success of businesses and, when entering into a contractual situation, it is important to clearly set out legal obligations for all parties and the relationships between the parties. Roberts Gray Lawyers can assist with this process.
In the event of a contractual dispute, there is often the possibility that public knowledge of the situation, or the manner in which the situation is handled, can create situations that impede the day-to-day functioning of the business. For this reason, it is a priority that you consult one of our experienced contract specialists, to resolve any disputes, as quickly as possible. The security of your business is dependent on quick action.
When considering a breach of contract claim, Roberts Gray Lawyers considers the following:
-Whether there is a suitable, enforceable contract between the relevant parties
-The evidence for failure to meet contractual obligations by the defendant
– The plaintiff’s performance in relation to contract provisions
– The extent and relevance of injury to the plaintiff
After consideration of these aspects of the relevant issues, Roberts Gray Lawyers will advise regarding taking legal action and recovering damages. An early consideration is checking contracts for any agreements or instructions that set the parameters for proceeding. For example, there may be a clause in your contract that requires initial action via mediation or arbitration. Another early action is advising the other party thus allowing them an opportunity to remedy the situation.
Sometimes a breach of contract causes the non-breaching party substantial damages. These damages might include the cost of finding an alternate supplier to fulfil the contract requirements. The plaintiff may need to consider several options for recovery, including seeking to enforce the terms of the contract, cancelling the contract and suing for repayment of money expended, or seeking damages.
Often, some of the options become complicated and this must be considered when deciding upon preferred legal action. In some situations, actually calculating damages can be complex and contestable. This is particularly the case when the plaintiff suffers consequential damages. For example, as a result of the delivery of defective goods or goods delivered in an untimely manner, losses are incurred or business arrangements are altered or cancelled. Expert reports may be necessary for proving the negative impact of these circumstances.
Roberts Gray Lawyers has experience supporting businesses breach of contract actions. There are two primary considerations that will be addressed in these circumstances. Roberts Gray Lawyers will work with clients to review the evidence for breach of contract and will fully assess the foundations for claims for damages.