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Contract

Dispute Resolution for Businesses

Meet David Mallinson

Contracts are involved in every facet of a business’ operations and include many different types such as standard terms and conditions and agreements covering a multitude of service areas.

As the basis of most commercial business relationships, contracts exist not only to provide clarity around what is expected but also to ensure there is adequate reparation if these expectations are not met. The reality is therefore that a dispute over a contract is likely to affect every business or organisation at one time or other.

If swift action is not taken to resolve a dispute such as a breach of contract, it is very easy for the most straightforward issue to escalate and cause serious financial and reputational damage.

Our experienced team of solicitors focusses on trying to resolve commercial contract disputes in the quickest and most cost effective way always having regard to your objectives. Where litigation appears to be the only course open to a client, we do regularly represent our commercial clients (large and small) in significant matters in both the County Court and High Court.

Types of contracts disputes

A contract dispute may arise for many reasons. For example, a party may not honour their contractual commitments as expected or payment difficulties may arise, either during or at the end of the contract. There may be mistakes in the contract or fraud may even be suspected. Disagreements can also arise over the meaning of technical terms within the contract, even those which have been ‘defined’, or over the terms of renewal.

We can advise on a wide range of contractual disputes and related issues including:

  • Breaches of contract
  • General terms and conditions of trade
  • Goods and service contracts
  • Professional service contracts
  • Contracts of sale and hire
  • Franchise agreements
  • Sales, distribution and exclusivity agreements
  • Building contracts.
Methods of resolution

As well as providing advice about conventional forms of litigation, we can also advise you on alternative dispute resolution methods, including mediation and arbitration which an increasing number of our commercial clients now choose. The contract may itself require the parties to make attempts initially to resolve any dispute by one of these means.

Safeguarding against disputes

Prevention is always better than cure. The best advice we can give any client is to put preventive measures in place to protect against disputes happening in the first instance.

Our Commercial law solicitors have extensive experience of drafting business contracts that reduce the risk of future disputes and include robust methods of redress, should a dispute arise in the future. Clients also employ the team to audit their existing contracts, to identify any areas of risk and to redraft where necessary to safeguard against disputes.

Our Employment solicitors can also advise on employment law contracts and other related issues to avoid disputes involving employees and other business associates.

If you are involved in a commercial contract dispute it is important to act quickly. Our team has a reputation for its strong commercial approach which achieves swift and favourable outcomes for our clients.

Please contact a member of our Dispute Resolution team. Girlings has offices in Canterbury, Ashford and Herne Bay.

Our Experts

David Mallinson

Head of Department
Dispute Resolution

Andrew Watson

Partner
Dispute Resolution, Contested Wills & Estates

Nicola Webster

Associate Solicitor
Dispute Resolution

John Quinlan

Assistant Solicitor
Dispute Resolution

Katie Collis

Trainee Solicitor
Dispute Resolution

Related Pages

DAVID MALLINSON PROFILE v2

Identifying Dispute Resolution Strategies