Contractual Disputes
Advice and representation where a contract has been breached, terminated, disputed or performed differently to what was agreed.
A Contractual Relationship Has Broken Down
When the other side has not done what they promised, or says the same about you, the pressure is immediate. Money may be owed, work may be unfinished, and a relationship you depend on may be at risk. Knowing your position early lets you act with confidence instead of reacting.
Understanding Your Rights and Obligations
What was actually agreed, what each party did in practice, and what the contract says about variation, termination and remedies. Emails, invoices, quotes and text messages often carry as much weight as the signed document itself.
Was a Legally Binding Contract Formed?
A binding contract can arise from a signed document, an exchange of emails or even a course of conduct. Whether one was formed, and on what terms, is often the first question that needs to be resolved.
Risks, Options and Likely Outcomes
Breach, Termination and Repudiation
A breach occurs when a party fails to perform an obligation under the contract. Depending on its seriousness, this may allow termination or only support a claim for damages. Repudiation, where a party shows it no longer intends to be bound, raises different considerations again, and terminating when you were not entitled to can itself amount to a breach.
Remedies and Available Outcomes
Depending on the circumstances, remedies can include damages, specific performance, an order restraining conduct, or a declaration about the parties' rights. The remedy sought should reflect what you actually need, not simply what feels fair, and the evidence in the contract, correspondence and conduct shapes which remedy is realistic.
Negotiation Before Court Proceedings
Most contractual disputes settle before a hearing. A clear letter setting out your position, followed by genuine negotiation, often achieves a commercial outcome faster and at lower cost than litigation.
Commencing or Defending a Claim
Where negotiation does not resolve the matter, proceedings may be necessary in the Local, District or Supreme Court depending on the amount and complexity involved. We prepare the claim or defence with the same discipline whether we act for you or against you.
Our process
How a matter of this kind moves from first contact to outcome.
Understand the Agreement
We review the contract, correspondence and conduct to work out what was agreed and what went wrong.
Advice on Your Position
You receive a frank view of the strengths, the weaknesses and the remedies realistically available.
Put the Claim
A letter of demand sets out your position clearly and often resolves the dispute without proceedings.
Negotiate or Mediate
We pursue a commercial resolution through without prejudice negotiation or mediation.
Court Proceedings
If needed, we prepare pleadings and evidence and appear in the appropriate court or tribunal.
Resolution
Settlement is documented in a deed of release, or judgment is enforced where payment is not made.
How Shah & Co Lawyers can assist
We act for parties on both sides of contract disputes, from the first demand through to a contested hearing.
Early Position Assessment
A clear view of merits, likely recovery and cost before you commit.
Letters of Demand
Demands that state the claim properly and preserve your rights.
Termination Advice
Advice before you terminate, so the step is not itself a breach.
Negotiation and Mediation
Representation in settlement discussions and at mediation.
Court Proceedings
Claims and defences in the Local, District and Supreme Courts.
Settlement Documents
Deeds of release and settlement terms that end the dispute properly.
When you should get advice
- You have received a letter of demand or a court document.
- You are considering terminating an agreement.
- Payment has been withheld or work has not been completed as agreed.
- The other side says terms were varied or the agreement was never binding.
What to bring to a first meeting
- The contract, quote or terms and conditions, if there is a written document.
- Emails, messages and file notes recording what was agreed.
- Invoices, receipts and evidence of payments made or withheld.
- Any correspondence already exchanged about the dispute.
Frequently asked questions
General information only. Every matter turns on its own facts.
Other civil law services
Debt Recovery
Recovery of unpaid invoices, loans and money owed, from letters of demand through to judgment and enforcement.
Learn moreProperty and Ownership Disputes
Disputes about ownership, co-ownership, boundaries, easements, caveats and interests in land or other property.
Learn moreConsumer Disputes
Disputes about defective goods, poor workmanship, misleading conduct and services that were not delivered as promised.
Learn moreNegligence and Compensation Claims
Claims where loss has been caused by another party's carelessness, including professional negligence and property damage.
Learn moreInjunctions and Urgent Court Applications
Urgent applications to preserve property, restrain conduct or protect a position until the dispute can be determined.
Learn moreTribunal and Court Proceedings
Representation in civil proceedings before New South Wales courts and tribunals, depending on the nature and value of the dispute.
Learn moreSpeak with a solicitor about your contract dispute.
Arrange a confidential consultation. Discreet, professional and tailored to your circumstances.