In many ways, contracts are the lifeblood of modern businesses. They provide a binding record of agreements that different individuals or companies make with one another. A contract helps outline both your expectations for the other party and your obligations to them.
Fortunately, the contract can also serve as a protection in the event that someone doesn't follow through. If you find yourself in that scenario, it is common to have strong, negative emotions about the other party involved.
However, you may still need to do business together. Try to keep things as professional as possible while working to resolve your contract dispute. Most times, you may be able to do so more easily if you keep things professional from the start.
Review your contract before you address the issue
One of the worst things you could do for your business relationships is to make an accusation of a contractual default that reflects your inaccurate assumptions and not the actual content of your contract.
Before you attempt to discuss the breach of contract with the other party involved, you want to refer to the contract and make sure that it contains the provisions you believe the other party violated or failed to uphold.
If the contract does not include those details, you may still be able to address the issue by expressing disappointment, rather than threatening the other party with legal action. Knowing what is in your contract and not in your contract makes it easier to competently address the issues you have with the other party.
Make an informal but written request to resolve the issue
The first step toward resolution is always asking the other party to uphold their end of the agreement. Composing a polite but direct email expressing your concerns that the contract is not fulfilled can sometimes completely resolve the issue.
The other person in the contract may have forgotten something or simply fallen behind schedule due to other work demands. Regardless of the situation, an email reminding them may be all that it takes to resolve the issue and get your business relationship back on track.
You can have your attorney draft a letter as well
If the other party responds by denying your request or simply ignoring your attempt to resolve the situation, you may need to take further steps. Having your Fort Collins attorney draft a letter demanding resolution is usually a smart second step.
Receiving a letter from the attorney will let the other party know that you mean business and that there could be consequences if they fail to uphold their end of the bargain. These letters may inspire the other person to fulfill their obligations under the contract.
Start gathering documentation to prove your case in court
Did the other party simply fail to perform services or deliver promised goods? That should be relatively easy to document. Did they do a subpar job for a task for which there were specific requirements? Photographs and receipts can help demonstrate the discrepancy between expectations and what actually occurs.
Regardless of the situation, you will need to have documentation for the courts to rule in your favor regarding a contract. An attorney can help you prepare for court by reviewing records of the contract and advising you about your options.