Enforcing or Defending Contractual Claims

Contractual claims should be assessed from the actual agreement, performance, due date, breach, notices and evidence. Attorney Oliver Langner advises on selected civil contractual disputes in Düsseldorf.

Back to Civil Law.

What was agreed?

Written contracts, terms and conditions, emails, invoices and conduct can all be relevant to determining the obligations of the parties. The legal classification should follow the real transaction rather than a label used by one side.

Performance, termination and damages

Depending on the contract, the claim may concern payment, delivery, rectification, termination, repayment or damages. Conditions such as notice or a deadline to perform may be required before certain remedies arise.

Enforcement strategy

Once the claim and evidence are clear, the next step may be an out-of-court demand, negotiation, payment-order proceedings or litigation. The strategy should reflect collectability and cost risk.

Preparing a civil-law review

A focused civil-law review is easier when the contract, order documents, invoices, payment evidence, notices, correspondence and a short chronology are available. Photographs, product listings or other evidence should be preserved where quality, authenticity or performance is disputed. For monetary claims, due dates and previous demands for payment are also relevant.

Contractual rights depend on the agreement, performance history, notices, deadlines and applicable statutory rules.