Navigating commercial contract disputes – don’t let them damage your business

In the world of business, contracts serve as the foundation upon which relationships are built. A properly drafted contract at the outset of such a relationship will assist in making that relationship harmonious and profitable. Even so, disputes do arise. When they do, navigating the complexities of contract law becomes paramount, requiring the expertise of professionals.

At Ness Gallagher, we have been helping businesses for more than 40 years and we understand the multifaceted nature of commercial contract disputes. With years of experience in resolving such matters, we recognise the challenges businesses face and work proactively with our clients to identify and address risk within their business before an issue arises. If a dispute does occur, we help our clients understand the issue, address how they would like it handled and work to achieve the best possible outcome, tailored to their needs.

Commercial contract disputes can arise from various sources, including breaches of contract, misunderstandings regarding contractual obligations, or disagreements over contract terms. These disputes may involve issues such as:

• Breach of contract: When one party fails to fulfil its obligations as outlined in the contract, it constitutes a breach of contract. This could involve failure to deliver goods or services, non-payment, or any other violation of the agreed-upon terms.

•  Interpretation of contract terms: Contracts are often complex documents with numerous clauses and provisions. Disputes may arise when parties interpret certain terms differently or when ambiguities exist within the contract.

• Performance issues: Disagreements regarding the quality or timeliness of goods or services provided under the contract can lead to disputes between parties.

• Termination of contract: Issues may arise when one party seeks to terminate the contract prematurely or when there are disagreements over the conditions under which the contract can be terminated.

• Fraud or misrepresentation: If one party has been misled or deceived into entering the contract, it may lead to allegations of fraud or misrepresentation.

Resolving commercial contract disputes requires a strategic approach aimed at achieving a favourable outcome, while minimising disruption to business operations. At Ness Gallagher, we employ a comprehensive strategy that includes thoroughly reviewing the contract in question to understanding the rights and obligations of each party involved, meticulously analysing the contract terms, identifying potential areas of dispute, and assessing the strengths and weaknesses of each party's position.

In many cases, disputes can be resolved through negotiation or mediation, allowing parties to reach a mutually acceptable resolution without the need for litigation, and we will look at this route first and foremost. However, when negotiations fail to produce a satisfactory resolution, litigation may be necessary to protect our clients' interests, and we have extensive experience representing clients in commercial contract disputes in court, arbitration, and other dispute resolution forums.

In addition to resolving existing disputes, we also provide proactive guidance to help businesses minimise the risk of future contract disputes, including drafting clear and comprehensive contracts, conducting due diligence, and implementing effective risk management strategies.

Commercial contract disputes are an inevitable aspect of doing business, but with the right legal representation, they can be navigated effectively to achieve a positive outcome. Performance issues: Disagreements regarding the quality or timeliness of goods or services provided under the contract can lead to disputes between parties.