Contract & commercial disputes

Read the contract alongside the business record.

Supply, distribution, services, licensing, financing, and other business agreements can generate disputes about performance, payment, termination, or remedies. The operative documents may include amendments, purchase orders, incorporated terms, correspondence, and later modifications. Identify the complete agreement before assuming a single document controls.

Terms that shape the response

Review forum and governing-law provisions, arbitration clauses, notice requirements, cure periods, limitations on liability, indemnity, and fee provisions. Their application and enforceability depend on the governing law and circumstances.

Performance, breach, and defenses

Map each obligation to the evidence of performance or nonperformance. Consider the chronology, authority of the people involved, acceptance or rejection, disputed changes, and defenses supported by the record. Distinguish a business disagreement from what can actually be proved.

Damages with a factual foundation

Test claimed losses against the contract, causation, available records, and mitigation issues. Revenue projections, lost profits, offsets, and consequential damages may require careful financial analysis. A claimed number should be evaluated rather than accepted as the measure of exposure.

Preserve commercial options

Litigation strategy may need to account for ongoing supply, customer commitments, financing terms, or a potential negotiated exit. Identify which business arrangements must continue and which communications should be coordinated through counsel.

A practical next step

Gather signed agreements, amendments, invoices, purchase orders, performance records, notices, and relevant correspondence. Identify payment dates, termination dates, and ongoing operational dependencies.