If the other party has failed to comply with the agreement, is not paying, has delivered a defective product, or has disregarded their obligations, we provide you with a preliminary legal report on the actual viability of the claim and the most efficient path to recover what is yours.
Your client has three unpaid invoices and stops responding to emails. The distributor has taken the inventory and hasn’t settled the account. The construction project you contracted has taken twice as long as agreed and now you’re bearing unforeseen cost overruns. The service company has breached the SLA and your business is at a standstill.
In any breach of contract claim, there are three questions worth answering before filing suit. Whether the other party has assets to perform or pay. Whether the contract and performance documentation clearly establish the breach. And whether the amount justifies the proceedings. When these three elements are aligned, the claim makes sense.
If the other party is not solvent or the evidence is insufficient, we tell you before initiating proceedings.
We review the file —contract, annexes, communications, performance to date, financial situation of the other party when accessible—, we provide you with a preliminary report on the actual viability, we make a formal demand when there is room for negotiation, and file a lawsuit in first instance, commercial court or payment order procedure depending on the case.
Meeting room
Recovery of liquid, due and payable amounts. Payment order procedure when there is acceptance of the debt or approved invoice, ordinary or summary proceedings depending on the amount when there is opposition.
The other party does not deliver, does not provide the service, does not fulfill the main obligation. Contract termination for material breach (art. 1124 Civil Code), recovery of amounts paid and damages.
Delivery that does not conform to what was agreed, defective performance, missed deadlines. Claim for correct performance, price reduction or termination depending on the scope of the defect.
Distribution, commercial agency, supply, business-to-business services. Breached exclusivity clauses, commercial agent goodwill compensation, claims for unjustified termination.
Vehicles, machinery, industrial equipment, intangibles, real estate. Warranty against eviction, hidden defects, breach of representations and warranties in complex transactions.
When the contract provides for it. Discussion on proportionality of the clause and, where appropriate, judicial moderation.
When you receive a breach claim that is not warranted or seeks an excessive amount.
If your matter fits with one of these specific services, you should review the specific page:
If the other party is not solvent or the evidence is insufficient, we tell you before accepting.
We don’t push for proceedings without having studied the case file.
We work with the Civil Code, the Commercial Code and the Supreme Court’s contractual jurisprudence at hand.
We know the actual processing times for payment orders, ordinary proceedings and verbal proceedings, and the most recent jurisprudence of the Provincial Court of Madrid in contractual matters.
It depends. A payment order is effective when the debt is liquid, due and payable and there is documentation that proves it (accepted invoice, signed delivery note, written acknowledgment). If the other party does not oppose, an enforceable title is obtained in a few months. If they oppose, it becomes an ordinary or verbal proceeding. When probable opposition is anticipated, sometimes it is better to go directly to declaratory proceedings.
As a general rule, 5 years from when the obligation became enforceable (art. 1964 Civil Code). Specific time limits: 3 years for claiming professional services and supplies under art. 1967 Civil Code in some cases, short time limits in transport and other sector-specific regulations.
Forced execution. Seizure of bank accounts, credits in favor of the debtor, movable and immovable property. If the debtor has no locatable assets, execution may be prolonged. Asset searches (consultation with the Judicial Neutral Point) are decisive.
It is enforceable unless it is disproportionate in content. Courts may moderate it if the breach has been partial or if the penalty is clearly excessive in relation to the damage caused. Defense against an abusive penalty clause is a common avenue.
Sometimes yes, sometimes no. If there is a company behind it, there may be subsidiary liability of the director, derivative liability or even liability of partners in some cases. The judgment, even if not enforced today, is valid for the day when they have assets.
If you have a breached contract, an unpaid invoice or defective performance to claim, write to us. We’ll tell you within 24 hours if we can help you and what the next step would be.
We respond within 24 business hours. The information you share is subject to the duty of confidentiality inherent to the practice of law.