Enforcement and defence of contractual claims
If a contract is not performed as agreed, prompt and considered action is essential. We enforce your contractual claims and defend against unjustified claims – out of court and before the courts.
The key points at a glance
Default and damages
If the debtor fails to perform on time, they are generally placed in default by a reminder. For payment claims, default occurs no later than 30 days after the due date and receipt of an invoice, and in the case of consumers only if they have been informed of this. The creditor may then claim default interest and compensation for the loss caused by the delay.
Rescission and termination
In the event of a breach of duty, the creditor may, after a reasonable deadline has expired without result, rescind the contract or claim damages in lieu of performance. Continuing obligations may be terminated for good cause.
Enforcement through the courts
Undisputed monetary claims can often be converted into an enforceable title through court summary proceedings for payment orders. Disputed claims require an action to be brought. If the parties have concluded an arbitration agreement, an arbitral tribunal decides.
Keeping limitation in view
The standard limitation period is three years, running to the end of the year (§§ 195, 199 BGB). Mere reminders do not suspend limitation. This requires, in particular, negotiations, a payment order or an action.
How we proceed
We review the contract, correspondence and evidence and give a realistic assessment of the prospects of success and the cost risk.
We assert the claim or reject it and, where appropriate, seek a negotiated solution.
If this does not achieve the desired result, we represent you in payment order proceedings, in court actions and in enforcement proceedings.
Frequently asked questions
When does my claim become time-barred?
In many cases after three years, calculated from the end of the year in which the claim arose and you became aware of it. Shorter or longer periods apply to certain claims, for example claims for defects.
Who bears the costs of litigation?
In civil proceedings, the unsuccessful party generally bears the costs. Where a party is partly unsuccessful, they are apportioned accordingly. Out-of-court costs may, in certain circumstances, be recoverable as loss caused by default.
Your contacts
Talk to us.
Gewürzmühlstraße 5 · 80538 Munich