Termination, Amendment, and Supplementation of Contracts
Since 2008, the “First Legal” Law Firm has been successfully working to protect its clients’ interests. The specialists of our Firm have extensive experience in resolving disputes both in pre-trial settings and in court.
Today, market conditions change quite rapidly, directly affecting the ability of one party to a contract to properly fulfill the terms of already concluded agreements (especially long-term ones). As a result, it often becomes necessary to amend a contract in order to adapt its terms to new realities or even to terminate the contract ahead of schedule. Usually, when such situations arise, each party to the contract wants to gain an advantage in their favor, placing the other party in a deliberately disadvantageous position. If the parties cannot agree on mutually acceptable conditions, a dispute arises that must be resolved through the courts.
The grounds for amending or terminating a contract may include mutual agreement of the parties or a unilateral declaration of intent if provided for in the concluded contract, as well as the directly applicable norms clearly prescribed in relevant laws regulating certain types of legal relations. Additionally, a contract may be terminated or amended prematurely by a court decision at the request of one of the parties in the event of a material breach of the contract by the other party, and in other cases stipulated by the contract or by law. It should be noted that not every contract violation can be considered material.
Therefore, it is necessary to clearly determine the following:
- Which specific terms are material for this type of contract under the law, and which additional terms the parties have defined as material in the text of the contract;
- Whether the liable party has breached its obligations and which obligations were specifically violated;
- Whether there is a causal relationship between the breached provision and the damage caused, and how that relationship is confirmed, etc.
The service provided by the “First Legal” Law Firm in representing the interests of business entities in disputes arising from the modification or termination of contracts includes:
- Legal analysis of all necessary documents provided by the client;
- Preparation of a legal position and its coordination with the client;
- Collection of evidence (including through attorney requests);
- Preparation and filing of a statement of claim in court, assistance in paying the court fee;
- Support during the enforcement procedure of the court’s decision.
By agreement with the client, the “First Legal” Law Firm can represent the client’s interests during appellate and cassation proceedings.
We recommend seeking professional legal assistance from the “First Legal” Law Firm well in advance—even before concluding a contract—to promptly eliminate potential violations or risks and to have the maximum contractual basis for possibly defending your interests in court. Our friendly team of professional lawyers at the “First Legal” Law Firm will be happy to help you understand all the nuances of these complex issues.