Understanding the situation
Breach of contract covers a wide range of situations: late or non-payment, failure to deliver goods or services as agreed, delivering something that does not meet the agreed specification, or failing to perform another obligation set out in the agreement.
The starting point is almost always the contract itself — what was actually agreed, in writing or otherwise, and what it says (if anything) about remedies, notice requirements or dispute resolution. The applicable law and the facts of the breach then shape what options are realistically available.
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Possible options
The right combination depends on whether the breach is ongoing or has already caused loss, whether the relationship is to continue, and what the contract itself provides.
- Raising the breach directly with the other party and seeking to agree a remedy, such as correction, replacement or repayment.
- Sending a formal written notice describing the breach and the outcome sought.
- Exploring a negotiated resolution, which may be documented as a settlement.
- Pursuing a court-based process to seek an appropriate remedy, subject to the applicable procedure and evidence.
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Practical steps
- 1Re-read the contract carefully, including any clauses on notice, remedies or dispute resolution.
- 2Document the breach clearly: what was agreed, what happened instead, and any resulting impact.
- 3Gather supporting evidence such as correspondence, delivery records, inspection reports or photographs.
- 4Consider raising the issue formally in writing before deciding on further steps.
- 5Take advice on whether negotiation, a formal notice or a court-based process best fits your situation.
