Claim for breach of contract

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An Iryna

Head of Commercial and Civil Law Practice

Lawyer, specialist in intellectual property. Specializes in registration and protection of copyrights, inventions, patents, trademarks, as well as development of intellectual property transfer agreements, license agreements.

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Claim for breach of contract

Reading time: 4 min.

Contractual relations within the framework of civil or economic law often become the object of appeal to lawyers. This applies not only to the moment of concluding contracts, but also to cases when one of the parties does not fulfill the obligations assumed. It is worth noting that such topics are among the focus of the practice of lawyers at the Prikhodko&Partners law firm. Our specialists effectively help clients and know how to act in order to really work for results.

What can be a breach of contract?

There is a widespread myth that non-fulfillment of the terms of the contract is exclusively about payment issues. However, this is not the case. It can be about any evasion from the implementation of actions provided for by the contract. For example, a public organization received a grant and entered into a contract for the provision of services with a specialist, who is a FOP and who is involved in the implementation of the project. The specialist performed only part of the work. Organizations need to report to the international donor who provided the grant funds on how the project is being implemented. However, there is no such possibility, since the FOP does not fulfill its obligations.


In the described example, a lawsuit filed by an NGO in court will not only be an opportunity to bring an unscrupulous service provider to justice, but also provide the international organization with proof that the non-fulfillment of project conditions was not the fault of the NGO.

Let us give another example of the contractual relationship between the FOP, which is an agent for the sale and rental of real estate, and its client. Let's imagine that the realtor undertook to find an apartment for his client within 2 weeks according to pre-arranged parameters. However, he did not fulfill his obligations.

As a result, the client suffered losses, as he was forced to move from his old place of residence to a hotel, look for new accommodation through another specialist and transport his belongings twice, overpaying additionally for the services of a truck taxi. Bringing to justice the real estate entrepreneur who failed to fulfill his obligations and thereby caused a whole series of negative consequences will be a completely logical continuation of this story. With good legal support, this will be very easy to do.


Why is it important for a lawyer to draft a statement of claim?

Sometimes victims of non-fulfillment of the terms of the contract by the other party rely on their own strength and think that they will solve the issue themselves. However, ready-made templates of claim statements, which are publicly available, do not reflect the specifics of your particular situation. You yourself know very well which terms of the contract were not fulfilled and how the other party behaved before you decided to go to court. But what is clear to you may not be clear to the court. Therefore, it is important to specify in detail which terms of the contract are not fulfilled. It is also necessary to specify which actions are required before committing. Well, it is no less important to provide an evidence base that the contractual conditions have not been observed.

As for legal claims, here you can additionally recover lost profits and material damages. The main thing is to properly motivate this damage before the court. This is where competent legal support from our team comes in handy. Get in touch - and this will give you the opportunity to solve your questions effectively and not suffer from the dishonest behavior of counterparties. Fill out the form on our website and our lawyer will contact you.

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