Breach of Contract & Damages
When the other side does not perform, you may compel performance, terminate, and claim damages, if you follow the right steps.
Most contract disputes are lost on procedure, not merits, terminating without prior notice, claiming damages that cannot be proven, or letting the claim go stale.
We act for claimants and defendants across sale, works, services, lease, agency, and every kind of commercial agreement.
What this dispute is, and where it comes from
A dispute where one party fails to perform, non-delivery, delay, defective work, or non-payment. It usually grows from vague drafting, changed circumstances, or a counterparty stalling through cash problems.
Documents & evidence to gather first
- Every contract version with annexes and amendments
- Payment and delivery records
- All chats, emails, and negotiation records
- Any demands or notices already sent
- Proof of loss, repair quotes, lost profits
How we can help
Legal knowledge worth knowing
When a debtor fails to perform, the creditor may seek compulsory performance and damages for non- or improper performance.
Damages cover loss that ordinarily flows from the breach; special loss is recoverable only if the breaching party foresaw or should have foreseen it.
Money debts bear default interest, currently 5% per year (the s.7 rate plus 2%, adjustable by Royal Decree).
A deposit evidences the contract and secures performance, forfeitable when the paying party defaults.
Agreed penalties are enforceable, but a court may reduce one that is disproportionately high.
Before terminating for default, the innocent party must generally fix a reasonable period for performance first.
Supreme Court No. 5782/2544, where the parties went on meeting to negotiate after the default, the seller had impliedly waived the time stipulation, so terminating without first allowing a reasonable period to perform was invalid under Section 387 of the Civil and Commercial Code and the buyer was not in breach.
Limitation periods and deadlines you cannot miss
- 10 yrsGeneral contract claims where no special period applies (s.193/30)
- 5 yrsArrears of interest and periodic payments (s.193/33)
- 2 yrsTraders' claims for goods, work, and services (s.193/34)
The above is a brief summary of legal principles for general knowledge only, not advice on any specific case. Statutes may have been amended and application always turns on the facts. Please verify the current law or consult an attorney before acting.