Contract disputes · Ottawa

When theagreementbreaks down.

Mullowney's Law assists businesses and individuals with disputes over contractual obligations, payment, performance, interpretation and commercial relationships—and with contracts designed to reduce avoidable conflict.

Discuss a contract matter →Explore dispute types
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The contract record

A dispute is built from more than the signed page.

The agreement defines the obligation. The surrounding record explains performance, notice, reliance, loss and what a useful remedy could look like.

01 / TERMS

What was promised

Signed agreements, schedules, amendments, incorporated documents and notice provisions.

02 / CONDUCT

What actually happened

Correspondence, invoices, deliverables, payment history and the parties' course of performance.

03 / LOSS

What changed financially

Amounts unpaid, replacement costs, lost opportunities and evidence supporting recoverable damages.

04 / REMEDY

What result is useful

Payment, performance, preservation, negotiated exit or court relief proportionate to the problem.

Bring your record into focus →
Clause architecture

One clause can change the whole file.

Contract disputes are rarely about one sentence in isolation. Terms interact with notice, performance, conduct, loss and remedy. The work is to connect those pieces without losing the commercial objective.

Review the agreement →
Commercial AgreementMLW / CLAUSE MAP
PARTIESParty AParty B
01
ObligationThe promise the agreement actually creates.
DEFINED
02
PerformanceWhat was delivered, paid, accepted or refused.
RECORD
03
NoticeWhether the required warning, demand or termination step occurred.
TIMING
04
LossThe financial consequence that can be supported by evidence.
PROOF
05
RemedyThe result that is legally available and commercially useful.
PATH
Breach of contract ·Unpaid invoices ·Partnership disputes ·Service agreements ·Construction contracts ·Contract drafting ·Breach of contract ·Unpaid invoices ·Partnership disputes ·Service agreements ·Construction contracts ·Contract drafting ·
Contract dispute services

Find the obligation. Measure the breach.

A contract dispute usually turns on four questions: what the parties agreed to, whether an obligation was broken, what loss followed, and which remedy is commercially sensible.

01 / PERFORMANCE

Breach of contract

Claims involving non-performance, defective performance, termination, repudiation or disagreement over the meaning of contractual terms.

02 / PAYMENT

Unpaid invoices and loans

Demand strategy, debt recovery proceedings, disputed accounts and enforcement options for unpaid contractual obligations.

03 / RELATIONSHIPS

Partnership and business disputes

Conflict involving business partners, shareholders, franchise relationships, suppliers, customers and service providers.

04 / PROJECTS

Construction and contractor claims

Disputes over scope, payment, delay, deficiencies, change orders and contractor or service agreements.

05 / COMMERCIAL TERMS

Service and commercial agreements

Interpretation and enforcement of agreements governing services, supply, licensing, distribution and other commercial obligations.

06 / PREVENTION

Drafting, review and negotiation

Clearer contracts, risk allocation and ongoing contract support intended to identify difficult issues before they become disputes.

Discuss a contract matter →
The evidence ledger

The agreement is only the first exhibit.

RECORD / 01

The written terms

The signed contract, schedules, amendments, incorporated documents and any applicable notice provisions.

RECORD / 02

Course of performance

Invoices, deliverables, payment history, project records and the way the parties actually performed the agreement.

RECORD / 03

Communications

Emails, messages, demands, assurances, objections and notice of default or termination.

RECORD / 04

Loss and remedy

Financial records and other evidence connecting the breach to a measurable loss or appropriate legal remedy.

Preserve the evidence →
Resolution strategy

Not every dispute needs the same path.

The right strategy depends on urgency, evidence, commercial relationships, collectability, cost and the remedy required. The firm evaluates those factors before choosing how much pressure—and which process—the matter needs.

Talk through the right path →
MatterChoose the proportionate route
01Direct negotiationFocused pressure · commercial outcome
02MediationStructured settlement process
03ArbitrationPrivate adjudication where available
04Court proceedingsFormal relief where the file requires it
Urgency Evidence Cost Relationship Remedy
Contract questions

Straight answers,
before the argument.

General information only. The wording of your agreement, the timing and the specific facts can change the answer in your matter.

What has to be shown in a breach of contract claim?
Generally, that a contract existed, that a term was not performed, and that the failure caused a measurable loss. A signed document helps, but conduct, correspondence and payment records can also establish the terms.
Does a contract have to be in writing to be enforceable?
Many oral and partly written agreements are enforceable, though certain contracts must be in writing. Written terms mainly make the obligations easier to prove if a dispute arises.
How long do I have to bring a contract claim in Ontario?
A basic limitation period generally applies and often runs two years from the day the claim was or ought to have been discovered. Because exceptions exist, the applicable date should be confirmed early.
A customer owes my business money on an unpaid invoice. What are the options?
Options can range from a demand letter and negotiated payment to a court proceeding, chosen according to the amount owed, the strength of the record and whether the debtor can actually pay.
Is going to court the only way to resolve a contract dispute?
No. Many disputes resolve through direct negotiation, mediation or arbitration. Court is one route among several, and the sensible path depends on the evidence, the cost and the relationship involved.
What should I gather before a consultation?
The agreement and any amendments, the key correspondence, invoices or payment records, and a short timeline of what happened and when. A concise summary of the outcome you need is also useful.
Can the firm review a contract before I sign it?
Yes. Reviewing and negotiating terms before signing can allocate risk more clearly and reduce the chance of an avoidable dispute later.
Does contacting the firm create a lawyer-client relationship?
No. An initial inquiry does not create a lawyer-client relationship. That begins only after a conflict check is completed and a written retainer is signed.
The consultation

Bring the contract
into focus.

Start with the agreement, the breach and the loss that can still be proven. The first conversation identifies the governing terms, the evidence that matters and the routes actually open to you.

  • The agreement, schedules and any amendments
  • Key correspondence, invoices and payment records
  • Dates: the agreement, the breach, and when you discovered it
  • Any deadline or limitation date you are aware of
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Submitting this form does not create a lawyer-client relationship. Do not include confidential or time-sensitive details. A conflict check and a signed retainer are required before the firm can act.