When an Agreement is Not Honored

A breached commercial agreement, a failed supply, or a service performed not in accordance with the agreements can cause significant economic and operational damage to your business or personal sphere. Contractual non-performance occurs when one of the parties fails to perform, performs inaccurately, or delays the performance of the due obligation, generating a breach of the bond of trust and the subscribed obligations. In these circumstances, understanding how to act to obtain fair compensation is a crucial step. Addressing this situation requires in-depth knowledge of regulations and a clear strategy, which is why the support of an expert lawyer in damages compensation in Milan becomes fundamental to effectively protect your rights.

The Regulatory Framework: What the Law Provides

The Italian Civil Code, in Article 1218, establishes a cornerstone principle: the debtor who fails to exactly perform the due obligation is liable for damages, unless they prove that the non-performance or delay was caused by the impossibility of the performance due to a cause not attributable to them. The party suffering the non-performance has various protection tools available. They can, depending on the case, insist on the performance of the contract, or they can request its termination, meaning the dissolution of the contractual bond. In both scenarios, they always have the right to compensation for the damages suffered, which consists of two essential elements: emerging damage, which is the economic loss actually incurred, and loss of profit, which represents the lost earnings resulting from the non-performance.

The Approach of Bianucci Law Firm

The approach of Lawyer Marco Bianucci, an attorney with consolidated experience in damages compensation in Milan, is methodical and aimed at obtaining the most concrete result for the client. Each case of contractual non-performance is managed through a strategic process that begins with a detailed analysis of the contract and related documentation to ascertain the nature and gravity of the violation. Subsequently, a precise quantification of the damage is carried out, considering both direct losses and lost profits. The firm prioritizes, where possible, an out-of-court resolution of the dispute, through formal communications and targeted negotiations to obtain compensation quickly. Should this path not lead to a satisfactory outcome, Lawyer Marco Bianucci assists the client in the most appropriate legal action to have their rights recognized.

Frequently Asked Questions

How is compensation for damages from non-performance calculated?

The calculation of damages compensation is not an automatic process, but requires a specific analysis. It considers 'emerging damage', which corresponds to expenses incurred and direct losses (e.g., the cost to purchase undelivered goods from another supplier), and 'loss of profit', which refers to the earnings lost due to non-performance (e.g., profits from a cancelled sale). It is essential to be able to prove the extent of both damage items with documents and concrete evidence.

What to do immediately if a supplier does not honor the contract?

The first recommended action is to gather all pertinent documentation: the contract, correspondence (emails, certified email - PEC), invoices, and any other proof of the agreement and the breach. Subsequently, it is advisable to send a formal 'notice to perform' via registered mail with return receipt or certified email (PEC), in which the counterparty is urged to perform the obligation within a reasonable period, warning that otherwise the contract will be considered terminated. It is always advisable to consult a lawyer before taking these steps.

How much time do I have to claim damages?

The right to compensation for damages arising from contractual non-performance generally prescribes in ten years. This term runs from the day the right can be asserted, i.e., from the moment the non-performance occurred. There are exceptions and shorter terms for specific types of contracts, so a timely assessment of your situation is essential.

Is it always necessary to go to court to obtain compensation?

No, not always. Indeed, a strategic approach aims to resolve the dispute out of court. Assisted negotiation and mediation are effective tools that can lead to a satisfactory agreement for both parties, avoiding the costs and lengthy timelines of a court case. Bianucci Law Firm always explores these alternatives before recommending legal action.

Request an Evaluation of Your Case

If you have suffered economic damage due to a contract breach by a business partner, supplier, or client, it is essential to act competently and promptly to protect your interests. Understanding the legal dynamics and defining the most effective strategy is the first step to obtaining fair compensation. To discuss your situation and receive a professional evaluation, you can contact Bianucci Law Firm. Lawyer Marco Bianucci will provide the necessary assistance to analyze your case and identify the most appropriate actions to take.