Contract Disputes Lawyers

When someone you signed an agreement with does not deliver, does not pay, or does the job badly, a breach of contract lawyer can tell you what the law lets you ask for and how to get it. On this page you can compare lawyers who handle contract disputes, see their rates and availability, and book a consultation online.

Contract disputes are one part of civil law. For other private disputes, such as hidden defects, property damage or defamation, see our page on civil lawyers.

What a contract dispute lawyer does

Depending on where things stand, a lawyer can:

• Read the contract with you: what each side promised, and any clause on how disputes are settled.
• Assess your position: whether there is a real breach and what you can prove.
• Write the demand letter: a clear, formal notice that puts the other party on the spot.
• Negotiate: a payment plan, a corrected job or a clean exit from the contract.
• Represent you: in mediation, arbitration or court, whether you are the one claiming or the one being sued.

What counts as a breach of contract in Quebec

In Quebec, contracts are governed by the Civil Code of Québec. A breach, which the Code calls the non-performance of an obligation, happens when one party fails to do what it agreed to do: it does not do it at all, does it only in part, does it late, or does it badly. A contract does not have to be a long signed document: an accepted quote or an exchange of emails can be enough.

• A client or customer who does not pay an invoice.
• A contractor who leaves a job unfinished or does poor-quality work.
• A supplier who delivers late, delivers the wrong goods or does not deliver at all.
• A business partner or buyer who backs out of a signed deal.

The demand letter: your first formal step

In most cases, before you can go to court over a breach, you have to put the other party in default. In Quebec this is usually done with a demand letter, known as a mise en demeure or formal notice. It explains what went wrong, what you want done and by when, and warns that you may go to court if nothing happens.

A demand letter does more than state a complaint. It creates a dated record that you gave the other party a fair chance to fix the problem, which a judge will look for later. The Quebec government's page on the formal notice explains what the letter should contain and how to send it so you can prove it was received.

You can write one yourself, but a letter from a lawyer tends to carry more weight. It shows you are serious and makes sure the demand does not weaken your position. Many contract disputes settle at this stage. If you received one, take it seriously: a lawyer can help you answer it.

Remedies for a breach of contract

When the other party does not perform, the Civil Code gives you several possible remedies. Which ones make sense depends on the contract and on what you actually want:

• Specific performance: asking that the other party do what it promised, such as finishing the work or delivering the goods, when that is still possible.
• Damages: compensation for the loss the breach caused you, which you must be able to prove.
• Resolution or cancellation: ending the contract, with the parties returning what they received where possible.
• Reducing your own obligation: for example, paying less for work that was only partly or poorly done.

Each remedy has conditions, and some can be combined. A lawyer can tell you which fit your case.

Which court hears contract disputes

In Quebec, the court depends mostly on the amount you are claiming. Smaller claims go to the small claims division of the Court of Québec, where people present their own case; lawyers generally cannot represent you at that hearing, but you can consult one to prepare. The Quebec government's small claims page sets out the current limit. Larger claims are heard by the civil division of the Court of Québec, and the largest by the Superior Court. A lawyer can tell you which one applies to your claim.

Mediation and arbitration clauses

Read your contract before you think about court. Many contracts require the parties to try mediation first, or to settle disputes through private arbitration instead of the courts. An arbitration clause can take the case out of the courts entirely. Even without one, Quebec's rules of civil procedure expect parties to consider settling out of court before they sue.

Deadlines are strict

Contract claims are subject to prescription periods: time limits after which you lose the right to sue, even if you are right on the facts. Some situations have even shorter deadlines. If a problem has been dragging on, talk to a lawyer before assuming you still have time.

Keep your evidence

The person who claims has to prove the claim. Start gathering and keeping your documents now:

• The signed contract, the quote you accepted or the order confirmation.
• Emails, texts and letters with the other party, including any promises or admissions.
• Invoices, receipts, proofs of payment and bank records.
• A short timeline of what happened, with dates.

When to get a lawyer

• You want to send a demand letter, or you have received one.
• The amount at stake is significant, or the other side already has a lawyer.
• The contract has a mediation or arbitration clause and you are unsure what it means for you.
• You are not sure whether a deadline has passed or is close.
• You have been served with a lawsuit and need to respond.

Compare and book on JustiConnect

Browse the lawyers listed below, filter by location, rates and availability, and book a consultation directly. You can also search all contract dispute lawyers or see contract dispute lawyers in Montreal. Before you book, write down what you want out of the dispute, and see our guide on how to choose a lawyer in Quebec.

Frequently asked questions

What do I need to prove a breach of contract?

Generally, that a contract existed, what the other party was required to do, that it did not do it, and, if you claim damages, the loss the breach caused you. Documents written at the time, such as the contract, emails and invoices, are usually the strongest evidence.

Do I have to send a demand letter before suing?

In most cases, yes. The other party usually has to be put in default before you sue, and a demand letter is the standard way to do it. There are exceptions, which a lawyer can explain.

How much can I claim for a breach of contract?

There is no set amount. Damages compensate the loss you can prove the breach caused, and the contract itself may limit them. A lawyer can tell you what is realistic.

Can a lawyer help me in small claims court?

Yes, before the hearing. A lawyer can assess your claim, help you write the demand letter and organize your evidence, even though you will generally present the case yourself.