Informal Contract Amendments and Debt Collection

Situation:

The client, a contractor, found themselves in a dispute with a business partner – the project owner (extensive roof repair of an industrial facility). The partner refused to pay the client’s invoices, claiming that, in their opinion, the work did not exhibit the qualities they had required. The client argued that the scope and execution of the work had been repeatedly altered by the partner and therefore logically could not have the qualities the partner demanded when signing the contract. The partner argued that all changes to the work should have been agreed upon in writing, as stipulated in the contract, and that this form had not been observed.

Client’s Request:

The client sought judicial protection of their rights and assurance of payment for the outstanding invoices.

Our Solution:

First, we analyzed the Supreme Court’s case law regarding an orally agreed contract amendment containing a so-called form reservation. We then advised the client to simultaneously negotiate a settlement while also filing a lawsuit to increase pressure.

Result:

This ultimately resulted in the conclusion of a settlement and payment of the outstanding invoices in favor of the client.

More Case Studies

Want to Know More? Take a Look at Additional Cases

Bond Issuance

Situation: Our client, ABC Ltd., is planning to issue bonds in order to raise funds for the expansion of its business. The client wants to

More info »

Outsourced Legal Department

Situation: The client is a medium-sized company operating in the food and agriculture sector, whose business activities require ongoing legal advice across various areas of

More info »
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.