Home & Garden Home Improvement

How to Enforce a Business Contract

    • 1). Provide great customer service from the start of the contract. Maintaining a close working relationship helps identify potential problems early and lets you resolve them without conflict.

    • 2). Call a special meeting with the partner if a major problem does occur. For example, the partner may want out of the contract in order to spend money owed to you on something else. That's unacceptable to you, forcing you to seek ways to enforce the contract.

    • 3). Send a letter to the partner before the meeting. Indicate you are looking forward to the discussion. Then emphasize that the contract remains valid and that you expect full completion of the agreement. Also indicate your willingness to take legal action if necessary.

    • 4). Participate in the meeting. The letter about possible legal action may create a tense environment, but remain relaxed as you display a willingness to show some flexibility rather than pursue a lawsuit for breach of contract. Spend as much time listening to your partner as you do talking. Your goal is to understand why the partner is not complying with the terms of the contract and how to fix that.

    • 5). Offer to revise the contract if the partner is having financial problems and needs a modification of the contract rather than flat-out cancellation. For example, the partner could skip two quarterly payments and add them on to the end of the contract. If necessary, acknowledge that the contract is outdated because of changes in the marketplace and that the partner deserves more money through a new, modified agreement.

    • 6). Suggest mediation if the talks fail. This is preferable to a lawsuit, which could drag out for months or longer. Allow a professional mediator to review the contract, analyze the dispute and offer solutions that work for both sides.

    • 7). Consult an attorney as a last resort. Ultimately the courts offer the final solution for enforcing a contract if one party will not agree. Direct the attorney to send a letter to the partner demanding that the party live up to the terms of the contract.

    • 8). File a lawsuit for breach of contract if the partner fails to respond and stops meeting the terms of the contract.

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