The Situation
One party to a commercial contract fails to perform — late or non-delivery, defective performance, or non-payment. The other side faces losses and must decide whether to enforce, renegotiate, or terminate.
How the first steps are handled — notices, deadlines and preserving the right to terminate — often decides the outcome.
Common Problems
- Whether a breach has actually occurred is disputed.
- The contract's remedies and termination rights are unclear.
- Losses are difficult to quantify.
- Terminating wrongly would itself be a breach.
- The counterparty is in another country.
When Should You Contact a Lawyer?
Take advice before sending a breach or termination notice, and before withholding your own performance. A misstep can convert your valid claim into a breach of your own.
Early advice also preserves evidence and protects deadlines for formal action.
How Can a Lawyer Help?
A commercial lawyer establishes whether a breach occurred, advises on remedies, and enforces the contract — through negotiation, a formal claim, or litigation — while protecting your right to terminate and claim damages.
LawBridge matches you with a commercial-litigation specialist in the relevant jurisdiction.
Frequently asked questions
A failure to perform an obligation — such as non-delivery, defective performance, or non-payment. Whether it is material enough to justify termination depends on the contract and law.
Only if the breach and the contract allow it. Wrongful termination is itself a breach, so advice before acting is important.
Typically damages to put you in the position you would have been in had the contract been performed, and sometimes specific performance. Evidence of loss is key.
One confidential request matches you with a commercial lawyer who can enforce or defend the contract and protect your position.
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