What is a Contract?
A contract is a legally binding agreement between two or more parties that includes an offer, an acceptance, and a consideration. An offer is when one party proposes terms, which are then accepted by the other party. Both sides agree to a consideration, where they exchange something of value, whether it be goods, services, or money.
Contracts may be written or oral, though written agreements are clearer. While oral contracts are generally enforceable, certain agreements (such as those involving real estate) must be in writing under Ontario law. Disputes can arise when a party fails to adhere to the terms of the contract or when terms are subject to differing interpretations.
Comprehensive Services for Contract Disputes
At Nihang Law, we provide strategic legal support across various contract-related issues. Our services are designed to address the most common and complex causes of contract disputes to ensure our clients are protected at every stage of the agreement. We offer guidance, representation, and resolution services in the following areas:
Breach of Contract
A breach of contract happens when a party fails to fulfill a significant obligation of the agreement. We represent clients in disputes arising from material and minor breaches. Whether the breach justifies termination or calls for enforcement and compensation, we assess the impact, develop a tailored legal strategy, and pursue appropriate remedies to protect your interests.
Misrepresentation and Fraud
When a party has entered into an agreement based on false or misleading information, we help clients pursue legal remedies, including rescission, damages, or negotiated settlements. We also advise on how to prevent fraudulent misrepresentation in future agreements.
Ambiguous or Poorly Drafted Terms
Contract disputes can stem from vague or unclear language within a contract, which creates uncertainty regarding both sides’ obligations. We assist clients in resolving disputes stemming from vague or conflicting terms, and offer contract review and redrafting services to prevent future issues.
Payment and Invoice Disputes
Payments can often be a cause for contractual conflicts. Our team handles cases involving late payments, underpayments, or disagreements over amounts owed. We provide legal solutions that range from enforcement and collections to dispute resolution in cases involving invoicing errors or international transactions.
Performance and Delivery Issues
Conflicts may occur when one party believes the other has not met agreed-upon performance standards. When one party fails to meet expectations, we help determine whether there has been a failure of performance. We advise on remedies for substandard work, project delays, and unmet contractual obligations.
Contract Modifications and Change Orders
Disputes can arise when contract terms change mid-project. We assist in reviewing, formalizing, or challenging modifications to ensure that changes are enforceable and clearly reflect the parties’ intentions.
Termination and Exit Clause Disputes
Disputes can also emerge over the conclusion of a contract. We provide legal support for conflicts involving termination clauses, notice periods, early-exit penalties, and the return of goods or property. Whether the issue involves an employee contract, lease, or commercial agreement, we clarify obligations and advocate for fair outcomes.
Types of Contract Disputes We Cover
Nihang Law handles a wide array of contractual disagreements, including but not limited to:
- Employment contracts (on behalf of employers and employees)
- Commercial and residential lease contracts
- Sales agreements for goods and services
- Real-estate and construction contracts
- Franchise and distribution agreements
- Shareholder agreements and business purchases
How Nihang Law Resolves Contract Disputes
At Nihang Law, we tailor our approach to each dispute:
- Pre-Litigation Strategy: We begin with a thorough review of the contract and contextualize the situation. By assessing the legal risks and identifying effective first-response communications, we position you for the strongest possible outcome, often before formal proceedings begin. Keep in mind that most contractual claims in Ontario are subject to a two-year limitation period under the Limitations Act, 2002, starting from when the breach was discovered or ought to have been discovered.
- Negotiation & Mediation: Where appropriate, we seek early resolution through skilled negotiation or mediation. This approach can minimize legal costs and avoid the delays of court proceedings while still protecting your interests.
- Arbitration Representation: If your agreement includes an arbitration clause, we advocate for you in binding or non-binding arbitrations, tribunals, or administrative hearing forums.
- Court Litigation: When necessary, we pursue or defend litigation at all levels of Ontario’s court system. Whether your case involves a claim for damages, an injunction, or an order for specific performance, we deliver strong, focused representation in court.
- Corporate & Commercial Insight. With our extensive experience with shareholding, franchising, leasing, and commercial development, we pursue solutions that align with your broader business strategy and long-term goals.
Why Choose Nihang Law
At Nihang Law, we have extensive experience in handling diverse contract types, from employment, real estate, construction, franchise, and shareholder agreements, among others. Our team has proven expertise in negotiating favourable settlements and securing judicial remedies. With our client-first approach and a strategic use of alternative dispute resolutions, we strive to work towards the most efficient and effective resolution.
If you’re facing a contract breach or disagreement, don’t wait. Contact Nihang Law today to safeguard your rights and secure results whether through negotiation, mediation, arbitration, or litigation.