Overview
Understanding Contract Disputes
Contracts are the foundation of business and commercial relationships. When one party fails to perform their contractual obligations, it can cause significant financial harm to the other party. Contract disputes can arise in virtually any context—from simple service agreements to complex commercial transactions.
A breach of contract occurs when a party fails to perform as promised without a lawful excuse. Breaches can be total (complete failure to perform) or partial (deficient performance). The severity of the breach and the terms of the contract determine the available remedies, which may include damages, specific performance, or rescission.
Contract disputes often involve questions of interpretation—what did the parties intend when they entered the agreement? Courts apply principles of contract interpretation to determine the meaning of ambiguous terms, considering the plain language, the commercial context, and the parties' conduct before and after the agreement was made.
Our Vancouver contract lawyers handle disputes across a wide range of industries and contract types. Whether you need to enforce a contract, defend against a breach claim, or seek to exit a contract that was induced by misrepresentation, we provide strategic advice and effective representation.
Our Contract Dispute Services
- Breach of Contract Claims
- Contract Interpretation Disputes
- Contract Enforcement & Specific Performance
- Contract Rescission & Termination
- Misrepresentation & Fraud Claims
- Non-Payment & Collection Actions
- Service Agreement Disputes
- Commercial Lease Disputes
- Construction Contract Disputes
- Injunctions & Interim Relief
Resolving Contract Disputes
Contract analysis
We review the contract terms, communications, and performance to assess the strength of your claim or defense.
Demand & negotiation
We send a demand letter and attempt to negotiate a resolution. Many disputes can be resolved without court involvement.
Court proceedings
If negotiation fails, we initiate or respond to court proceedings, including applications for interim relief if urgent.
Discovery & preparation
We exchange documents, conduct examinations for discovery, and prepare your case for trial or settlement.
Resolution
Most cases settle before trial. If not, we present your case at trial to obtain a judgment in your favor.
Frequently Asked Questions
What is a breach of contract?
A breach of contract occurs when a party fails to perform their obligations under the contract without a lawful excuse. This can include failing to deliver goods or services, delivering defective goods, not paying as agreed, or failing to perform on time. The breach must be material (significant) to give rise to a claim for damages or termination of the contract.
What damages can I recover for breach of contract?
The goal of contract damages is to put you in the position you would have been in if the contract had been performed. This typically includes expectation damages (lost profits, cost of obtaining substitute performance), reliance damages (costs wasted in reliance on the contract), and consequential damages (foreseeable losses caused by the breach). Punitive damages are rarely available in contract cases.
What is specific performance?
Specific performance is a court order requiring the breaching party to perform their contractual obligations. It is an equitable remedy available when monetary damages are inadequate. Specific performance is most commonly ordered in real estate transactions, where each property is considered unique. It is not available for personal service contracts.
Can I get out of a contract I signed?
A contract can be rescinded (set aside) in certain circumstances: if it was induced by misrepresentation or fraud, if there was a fundamental mistake, if there was duress or undue influence, or if the contract is unconscionable. You may also be able to terminate a contract if the other party has committed a fundamental breach. Otherwise, you are bound by the contract terms.
What is the limitation period for contract claims?
In BC, the basic limitation period for contract claims is 2 years from the date you discovered (or ought to have discovered) the breach and the harm it caused. There is also an ultimate limitation period of 15 years from the date of the breach. Some contracts contain their own limitation or notice provisions that may shorten these periods.