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Commercial Contract and Warranty Disputes

Strategic and commercially focused advice to help businesses resolve contractual disputes, enforce their rights and protect important commercial relationships.

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Let us know how we can help and a member of the DTM Legal team will get in touch.

Commercial contracts establish the rights, responsibilities and expectations that underpin business relationships. When one party fails to perform its obligations, disputes can quickly affect cash flow, operations, customer relationships and future commercial plans.

DTM Legal advises companies, business owners, shareholders and other commercial organisations on disputes arising from contracts, warranties and indemnities. We act for clients bringing and defending claims, from disagreements over payment or performance to complex warranty claims following a business sale or acquisition.

Our Dispute Resolution solicitors assess the contract, available evidence and commercial context before recommending a strategy. We explore negotiation, mediation and settlement where appropriate, while acting decisively through court proceedings, arbitration or other contractual dispute resolution processes when required.

Commercial Contract and Warranty Dispute Legal Services

We advise businesses on a wide range of contractual and warranty disputes, including:

  • Breach of contract claims
  • Disputes over the interpretation of contractual terms
  • Payment and pricing disputes
  • Failure to supply goods or deliver services
  • Delays, defective performance and service-level disputes
  • Supply and purchase agreement disputes
  • Customer and supplier disputes
  • Distribution, agency and franchise disputes
  • Joint venture and collaboration agreement disputes
  • Outsourcing and consultancy disputes
  • Termination and repudiatory breach claims
  • Disputes involving limitation and exclusion of liability clauses
  • Warranty and indemnity claims
  • Warranty claims arising from business and company acquisitions
  • Claims involving inaccurate contractual statements or information
  • Claims for financial loss and damages
  • Defending contractual and warranty claims
  • Pre-action correspondence and negotiation
  • Mediation and settlement discussions

Why Instruct DTM Legal?

Commercial contract disputes require a careful assessment of both the legal position and the practical impact on the business. Our Dispute Resolution team takes the time to understand the agreement, the events leading to the dispute and the result you need to achieve.

We provide clear and commercially focused advice on the strengths, risks and likely value of a claim or defence. Our strategy considers the potential recovery, legal costs, management time and importance of any continuing relationship with the other party.

Where possible, we seek to resolve disputes through focused correspondence, negotiation or mediation. If proceedings become necessary, we provide decisive representation while continuing to explore opportunities for a proportionate and commercially effective resolution.

We provide:

  • Early assessment of your contractual rights and obligations
  • Practical advice on the strength and value of claims
  • Support for businesses bringing or defending proceedings
  • Clear strategies aligned with your commercial objectives
  • Experienced negotiation and mediation support
  • Decisive representation in court or arbitration
  • Responsive communication throughout the dispute

Get in Touch

Whether you are facing a breach of contract, pursuing a warranty claim or defending allegations made against your business, our Dispute Resolution team can help you assess your position and develop an effective strategy.

To discuss your requirements, contact us by emailing information@dtmlegal.com or calling 01244 354 800 / 0151 321 0000.

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Key Considerations in a Commercial Contract or Warranty Dispute

Gathering the relevant documents and information at an early stage can help your solicitor assess your legal position and determine the most appropriate strategy. Read our Key Considerations guide to understand some of the points a solicitor may wish to discuss when responding to your enquiry. It can help you prepare the relevant information and make your initial conversation more productive.

View Key Considerations

Frequently Asked Questions

Commonly asked questions regarding legal support with commercial contract and warranty disputes.

A breach may occur when a party fails to perform an obligation required by the contract. Examples include failing to make payment, delivering goods late, providing defective services or ending an agreement without the required contractual right.

The seriousness of a breach and the remedies available will depend on the wording of the contract and the consequences of the failure. Not every breach will give the other party an immediate right to terminate the agreement.

Review the contract and gather the correspondence and evidence connected with the breach. You should also consider whether the agreement requires a formal notice to be issued or gives the other party an opportunity to remedy the problem.

Avoid terminating the contract or refusing to perform your own obligations without first obtaining advice. Taking action without a valid contractual basis could expose your business to a counterclaim.

 

Yes. Many disputes are resolved through direct negotiation, mediation or another contractual dispute resolution process. These options can provide greater flexibility and may help preserve an ongoing commercial relationship.

The most appropriate approach will depend on the strength of each party’s position, the value of the dispute and their willingness to negotiate. Settlement discussions can also continue after court proceedings have begun.

A sale agreement will often contain warranties given by the seller about the company or business being sold. These may cover areas such as finances, contracts, employees, assets, taxation and legal compliance.

A buyer may consider bringing a warranty claim if information provided through a warranty proves to be inaccurate and causes financial loss. The agreement should be reviewed promptly because it may contain specific procedures and deadlines for notifying the seller.

The applicable deadline will depend on the type of agreement, the nature of the claim and any contractual time limits that apply. Warranty claims arising from corporate transactions frequently have their own notification requirements, which may be shorter than the general period for commencing court proceedings.

Seek advice as soon as a potential claim becomes apparent. Negotiations or correspondence between the parties do not necessarily prevent a legal time limit from expiring.

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