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A letter of claim about non-fulfillment of the terms of the contract
A letter of claim for non-fulfillment of the terms of the contract is a fairly common phenomenon, because businesses have to interact with various counterparties every day, and it is not always possible to predict possible problems. But if it happens that the terms of the contract are violated, it is worth contacting lawyers who will help you defend your rights and interests. They work in the team of the law firm “Prykhodko and Partners” and will help you draw up a commercial claim.
What is a letter of claim
A letter of claim is an official document sent to a counterparty in case of violation of contractual obligations. This is the last warning before going to court and an attempt to resolve the conflict out of court.
When is a letter of claim needed
- In case of violation of the terms of the contract
- In case of failure to fulfill obligations
- In case of delay in payments
- To record violations before a court hearing
Typical violations of contractual obligations that require a claim: delay in delivery of goods/services, incomplete payment, poor-quality goods, refusal to perform work.
How to prepare evidence for court
It is quite likely that in the future you will have to defend your interests through the court. Therefore, it is worth obtaining evidence that you were interested in resolving the situation out of court and made attempts to do so. In practice, this means that you should write a letter or a letter of claim.
When writing a letter of claim, it is important to substantiate the claims with reference to which contractual terms they correspond. It is also necessary to take good care that the letter sent is sent in accordance with the current official requirements.

What should be stated in a letter of claim?
It was mentioned above that in some cases it is necessary to defend interests through the court, however, in many situations it is competent pre-trial regulation that makes it possible to avoid this stage and resolve everything at the level of agreements and fulfillment of obligations without the need to sue. The possibility of such a form of interaction should be used to the fullest extent, so it should be entrusted to those who know how to act professionally and competently.
When the lawyers of “Prikhodko and Partners” write a letter of claim, they build its structure and form the content not only competently, but also convincingly. We explain to your partner/contractor all the potential negative consequences associated with the legal process, and also orient him in what his desired behavior in the legal field is, so that the situation is resolved in a more constructive way.
As our long-term practice shows, this path provides a high probability of changing the behavior strategy of your business partner. In such cases, you don’t have to go through the court process, which makes life much easier.
Practical tips for writing and sending a complaint letter
- Document everything from the beginning
- Keep all correspondence (email, instant messengers)
- Take screenshots of important messages
- Write down the dates of phone conversations
- Keep checks, receipts, invoices
- Deadlines and deadlines should be clearly defined: do not delay sending a claim, it is necessary to set a specific deadline for a response (usually from 10 to 30 days) and indicate the exact date by which the requirements are expected to be met.
- Sending method
- Send the claim by registered mail with a description of the attachment
- Save the shipping receipt
- Copy to email
- If possible, deliver in person for signature
- Common mistakes to avoid in a complaint letter:
- Emotional statements and threats
- Unreasonable demands
- Lack of clear deadlines
- Incorrect recipient details
- What to do if the claim is ignored:
- Record the fact of receipt/non-receipt of the claim
- Collect evidence of service attempts
- Prepare documents for court
- Consult a lawyer about next steps
- Psychological aspects:
- Maintain a businesslike tone
- Be willing to compromise
- Document all settlement proposals
- Do not give in to provocations
The essence of a claim letter is to become the last convincing warning before going to court. Therefore, it is the response to the claim that largely determines how the interaction between the counterparties will proceed.
Important nuances of claim work
A letter of claim for non-fulfillment of the terms of the contract must be drawn up by a lawyer, otherwise there is a high probability of making mistakes. Therefore, here is a small checklist to check yourself.
- Check whether the power of attorney of the person who signed the contract is valid
- Specify the current legal address of the counterparty
- Check the status of the company in the state register (whether it is in the process of liquidation)
- Take photos of the defects of the goods/works (if any)
- Request an independent examination (if necessary)
When calculating losses, all costs should be taken into account, including direct material damage, lost profits, inflation losses, interest for the use of funds, as well as the costs of examination and legal services.
Precautions for the future:
- Thoroughly check contractors before starting cooperation
- Include clear sanctions for violations in the contract
- Record all stages of work/service provision in acts
- Require only authorized persons to sign documents
- Store all documentation in chronological order
What not to do:
- Threaten a business partner
- Distribute information about violations on social networks
- Arbitrarily withhold the debtor’s property
- Ignore statutes of limitations
- Refuse constructive dialogue
To sum up…
The law firm “Prіkhodko and Partners” ensures that client interests are protected and defended properly. So contact us – and we will apply our knowledge as relevant as possible to help you resolve your situation regarding the counterparty’s failure to fulfill contractual obligations. We always support our clients and act in such a way that the result of our cooperation satisfies them.
To book a consultation, fill out the form below.
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Do you serve only Kyiv companies?
Our law office serves companies throughout Ukraine. Distance is not an obstacle for full-fledged, high-quality legal support for business.
What exactly do you specialize in?
The law firm “Prykhodko and Partners” specializes in complex legal support for businesses in a wide range of industries. Our team includes more than 50 highly qualified lawyers, each of whom has deep expertise in their area of law.
Thanks to an extensive network of international partners, we also effectively support cross-border projects of our clients.
We are proud of our ability to provide high-quality services to organizations of various sizes and industries – from startups to international corporations, from IT companies to non-profit organizations.
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