Question :

Civil litigation lawyer who specializes in contract law:
I am from Singapore and would like to sue an individual from Pakistan whom I engaged in mid 2021 to complete a project by end 2021. However, due to some minor changes to the project and a huge portion from delays from that individual, we extended the deadline to early 2022. But up till today, mid April 2023, the project is still not completed, and we have paid that individual around 90% of the entire fees. We have a running contract entered by my company as well as that individual hence, I intend to sue him for breach of contract as well as lost of opportunity costs.

Please let me know the strength of the case. Thanked you.

Answer:

  1. According to the Contract Act 1872 of Pakistan, a contract is an agreement enforceable by law that creates some rights and duties upon the contracting parties. A contract must have a lawful offer, acceptance, consideration, capacity, consent and object. A contract may be voided if it becomes impossible to perform due to some unforeseen event that is beyond the control of the parties. In your case, you have a running contract with an individual who has failed to complete a project by the agreed deadline, despite receiving 90% of the payment. You want to sue him for breach of contract and loss of opportunity costs. To do so, you need to prove that: – You had a valid contract with clear terms and conditions; – The individual breached the contract by not fulfilling his obligations; – You suffered damages as a result of the breach; – The breach was not caused by any force majeure event or impossibility. Some of the details that you may need to provide as evidence are: – The date and mode of communication of the offer and acceptance; – The scope and specifications of the project; – The payment schedule and mode; – The original and revised deadlines; – The progress reports and feedbacks; – The notice of breach and demand letter; – The calculation of loss of opportunity costs. We can help you to file a suit in the relevant court and represent you in the proceedings. we can also advise you on the strength of your case and the possible remedies you can claim. Some of the remedies that you may seek are: – Specific performance: This is an order from the court to compel the individual to complete the project as per the contract; – Rescission: This is an order from the court to cancel the contract and restore the parties to their original positions; – Injunction: This is an order from the court to restrain the individual from doing something that may harm your interests; – Damages: This is a monetary compensation for the loss or injury caused by the breach. However, before you take any legal action, you should try to resolve the dispute amicably with the individual. we may send him a legal notice of breach and demand him to complete the project within a reasonable time or refund your money. You should also inform him of your intention to sue him if he fails to comply. This may help you avoid litigation costs and save time. You may also consider alternative dispute resolution methods such as mediation or arbitration, which are faster and cheaper than going to court. Please contact us for more consultation @ +92 321 4610092 or email us at ask@paklawyer.com.

Write a comment: