Head of practice
Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
Claim for non-fulfillment of contract terms
When should you file a claim for breach of contract?
Situations often arise when a counterparty fails to fulfill its obligations. Most often, in such a case, the first step that comes to the mind of clients is to go to court. However, the best option for the first violation of the terms of the contract by the counterparty is pre-trial settlement of the dispute, one of the types of which is filing a claim.
A claim for failure to fulfill the terms of the contract (hereinafter referred to as a claim) is an official document to the counterparty, which contains clearly formulated requirements of the other party arising from the relevant violation of its provisions. It necessarily indicates the essence of the specific violation, the points that were not fulfilled by the party, as well as requirements for performance, payment of penalties (fines) and compensation for damage caused by the counterparty. Filing such a document allows you to save time, money and preserve business relations between the parties in the future.
According to the provisions of the current Commercial Code of Ukraine, the parties have the right, but not the obligation, to resort to pre-trial settlement of disputes by filing a claim in case of necessity of compensation for damages or application of other sanctions (Article 222 of the Civil Code of Ukraine). Lawyers of the company “Prikhodko & Partners” recommend filing a claim in cases where you are sure of your rightness (you have all the necessary documents and evidence), are interested in a quick resolution of the dispute without financially burdensome litigation, and want to maintain business relations with the counterparty.
Consultation with a specialized lawyer
Correctly prepare a claim for non-fulfillment of the terms of the contract: recommendations from a lawyer
The Commercial Code of Ukraine establishes a list of requirements for the form and content of a claim, which are as follows:
- it is necessary to include full details of the parties (name and location), number and date of the agreement under which the dispute arose, description of the essence of the violation and clear requirements (fulfillment of the obligation, compensation for damages, payment of penalties in the appropriate amount), deadline for fulfilling the requirements;
- prepare appropriate attachments (copies of documents confirming the validity of the requirements, such as the contract, payment documents, acceptance and transfer certificates, etc.), in particular their originals, duly certified copies;
- the claim is signed by an authorized person or his representative who has a power of attorney, and is sent by registered, insured letter to the counterparty.
The claim is considered within one month from the date of its receipt, unless another period is established by law or agreement. Upon its expiration, the recipient is obliged to notify the applicant of the results of its consideration, and in case of ignoring or refusing to satisfy, the creditor has the right to apply to court to protect his violated interests.
Our company’s lawyers recommend following a number of important recommendations when preparing a claim. First, prepare two copies, one of which should be kept for your own storage. Second, list all attachments in the text for those cases when there is a possibility of losing certain documents. Third, in case of difficulties with the preparation, seek help from a qualified lawyer who will provide professional advice and development services.
Within what period can a claim for non-fulfillment of the terms of the contract be filed?
The law does not set a clear deadline for filing a claim. However, there are some factors that may influence this, including:
- The legislation does not establish a clear time limit within which a claim must be filed. However, there are some factors that may influence it, in particular: the contract itself may provide for a specific time limit;
- according to the Civil Code of Ukraine, the general duration of the limitation period is three years, which means that during this time a party may exercise its right to pre-trial settlement and apply to the court;
- for some types of contracts, the legislation may establish special time limits.
Price and service of a lawyer for developing a claim for non-fulfillment of the terms of the contract
The law firm “Prikhodko & Partners” has a good reputation among clients and partners, and many years of experience in resolving commercial disputes.
Our specialists offer a range of legal services: legal advice on the form and content of the claim, the specifics of the review procedure, etc.; legal analysis of documents to clarify the circumstances of the case and form a legal position for further development; high-quality professional development of the claim draft.
Our qualified lawyer also provides the client with recommendations for further action, in particular regarding another possibility of resolving the dispute through negotiations or directly filing a claim with the court.
The cost of such a service may vary depending on various factors (complexity of the case, scope of work, experience of the proposed lawyer, etc.) and is determined in consultation with the relevant specialist. Our lawyers can work both at a fixed price for developing a claim and at an hourly rate (at the client’s request).
Therefore, filing a claim is an important stage in the pre-trial settlement of disputes arising from the counterparty’s failure to fulfill contracts. The claim must be in writing and contain clearly formulated claims of the creditor, a description of the breach of contract and references to relevant evidence. In the event of the counterparty’s refusal to satisfy your claims, you have the right to go to court to protect your violated rights and interests.
Кваліфікований юрист “Приходько та Партнери” допоможе вам правильно скласти претензію, оцінити шанси на успіх та представити ваші інтереси в суді (за потреби). Щоб дізнатись вартість юридичного супроводу — заповніть форму нижче.
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Is a subscriber form of service possible to quickly resolve issues as they arise?
Yes, of course, we take companies for permanent support.
The subscription form of service allows you to receive a full range of legal services on an ongoing basis for a fixed monthly fee.
Our lawyers will accompany all economic legal relations of your company: from drawing up contracts and solving corporate issues to representing interests during inspections by regulatory bodies and in court disputes.
We have very flexible pricing, so contact us and we will discuss your specific case.
Do you work only in Kyiv?
Fortunately, modern technologies allow us to effectively solve almost any legal issue online regardless of your location. In cases where personal presence is necessary, our lawyers are ready to travel to any point in Ukraine. Moreover, thanks to our network of reliable partners abroad, we can provide legal support even in international cases. Our goal is to provide you with quality legal assistance wherever you are.
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