Contractual Claims

As lawyers with a strong focus on economic issues, we also assist you in contractual disputes from many areas.

Almost the entire economic life is based on the fact that people and companies, within the framework of contractual freedom, shape their lives and economies by concluding contracts according to their ideas and, in the best case, to the advantage of all parties.

This also happens in the everyday life of private individuals, often in a way that one is not even able to say when one has concluded a contract with a partner and when not.

If everything turns out the way as the parties have agreed, the vast majority of contracts are properly fulfilled, even over long periods of time.

The lessee of a restaurant then pays the agreed rent every month. The landlord lets the office and production space he rents to the up-and-coming company. Not only does the service provider make every effort to offer its client the promised services, but it does so to the client’s complete satisfaction. The craftsman adheres to the agreed time schedule and the client accepts the work produced as being in accordance with the contract and pays the remuneration for the work, which has not even increased subsequently. The real estate agent has not only proved to his client the object of his dreams for purchase, but the client pays the agreed commission for the conclusion of the contract without grumbling. The seller delivers the object to the buyer, who in the further course of time finds out that it works as agreed from the beginning and is also otherwise suitable to be used as expected. The private borrower pays interest and repayment on time and redeems the loan as agreed with his lender.

However, neither in life nor in contractual relationships does everything always run as smoothly as one would ideally like it to or as agreed with one another. The leaseholder is not allowed to operate his restaurant or only to a limited extent due to the structural conditions and therefore reduces the rent. The up-and-coming company loses its customers and thus its income and therefore it owes the landlord the rent, although everything is fine with the office space. The service provider has made every effort to meet the wishes of the client, but nevertheless the client has suffered damage during the execution of the services, which now has to be settled. Although the craftsman produces a work, this has nothing to do with the one that the client actually wanted, so that the client would like to refuse further payments as well as to have back payments already made. The real estate agent, who has already received a commission for finding a tenant for his client’s office building, would like to receive a further commission for the fact that the tenant later buys a stake in the real estate company without the agent’s intervention. The public authorities, as buyers of personal protective equipment during the peak of the Covid-19 pandemic, suddenly no longer want to know anything about the obligations they have entered into and are looking for reasons to withdraw from the contracts concluded rather than pay the purchase price. The borrower stops the agreed payments without giving any reasons and the lender wonders whether he can terminate the loan agreement and get his money back or at least realize any securities received.

As experienced trial lawyers, we are familiar with all these situations from a large number of judicial and extrajudicial disputes over a period of almost 15 years.

We will help you if your tenant stops paying the rent for no apparent reason, and we will examine the reasons given for this to see whether they can change anything about the obligations of your contractual partner. We ensure that your client pays you the agreed fee and counteract unjustified objections raised by your client on your behalf. We will negotiate with your landlord about the agreed rent if your company has lost revenue in the current Covid-19 pandemic and support you in defending yourself against any payment demands that are nevertheless made. We check for you whether you have to accept and pay for a defective work or whether you can withdraw from the contract for work without financial disadvantages for you. We know the conditions under which you have earned a commission as a real estate agent and help you to convince your customer to pay them for your services.

We are not afraid to remind even supposedly large opponents such as banks or the public sector of the obligations they have entered into, even and especially when they think they have the upper hand. We are also able to do this because we have represented the other side in a large number of cases over the years of our professional practice. We check for you whether your lender can reclaim a loan before its agreed due date and support you in preventing the realization of the collateral you have given.

We support you in all situations, whether out of court in the assertion and enforcement of contractual claims or in defending you against them. We represent your interests before courts of law and on the plaintiff or defendant side throughout the entire chain of legal proceedings in Germany. Of course, we also review past decisions handed down to determine whether they can be successfully attacked or defended against such attacks.

Please feel free to call us without obligation, so that we can analyze and represent your contractual position in case of dispute.