Free check · about two minutes

Do you have a claim worth pursuing?

Winning and being better off are different things. Eight questions covering whether there is a claim at all, what it is worth, whether a liability cap swallows it, whether they could actually pay, and how much of the six-year clock is left. If the answer is that it is not worth having, it says so. No email needed to see your result.

The questions are listed in full below. With JavaScript enabled they come one at a time and add up to a result.

  1. Is there a written contract?

    Most disputes are decided by what the document already says. The first question is whether there is one.

    1. Yes, signed by both sides
    2. Something in writing, but the terms are a patchwork
    3. Nothing written down

  2. What has actually gone wrong?

    A bad bargain is not a breach. Something has to have been promised and not done.

    1. They have not done what they promised
    2. They have not paid
    3. The work was done, but badly
    4. We disagree about what was agreed in the first place

  3. Roughly what is the loss worth?

    The number decides almost everything about what is proportionate to do next.

    1. Under £10,000
    2. £10,000 to £50,000
    3. £50,000 to £250,000
    4. Over £250,000

  4. Does the contract cap liability?

    A cap can limit the whole claim to a number which makes the fight pointless. It is the clause people read last.

    1. Yes, and the cap is below our loss
    2. Yes, but above our loss
    3. No cap that I know of
    4. I have not checked

  5. If you won, could they actually pay?

    A judgment against an empty company is an expensive piece of paper.

    1. Yes, they are solvent and trading
    2. Probably, but I am not certain
    3. Doubtful - they look to be struggling

  6. When did this happen?

    For a simple contract the clock runs six years from the breach. After that the claim is gone however good it was.

    1. Within the last year
    2. One to three years ago
    3. Three to six years ago
    4. More than six years ago

  7. Have you taken steps to limit the loss?

    You cannot recover losses you could reasonably have avoided, and you are expected to try.

    1. Yes - found another supplier, re-let the work, chased it
    2. Partly
    3. No, we have been waiting to see what happens

  8. What do you actually want out of this?

    Being right is not an outcome. What you want changes what is worth doing.

    1. The money
    2. To end the relationship cleanly
    3. To keep working with them, but fix this
    4. An apology, or to be proved right

What your answers point to

    Want this in writing?

    Send yourself the summary. I will read the answers before we speak, and if the honest answer is that this is not worth pursuing I will tell you that rather than open a file.

    Or just get in touch

    Your answers travel with the summary so we are not starting from scratch. Nothing is sent anywhere until you press the button, and this will not add you to a mailing list - the sign-up for that is in the footer and is a separate thing.

    This is a guide to a decision, not advice. It works from eight answers and cannot read your contract, which is where a real assessment starts and where most of the argument lives. Limitation periods in particular turn on facts this cannot see. Silva Lex Ltd is a legal advisory business, not a law firm, and nothing here is legal advice.

    How the check reaches an answer

    Eight questions, weighted and added up. A claim is not decided by any one of them. A serious breach with a liability cap below the loss is not worth having; a modest breach against a solvent defendant for a large sum may well be. The score is the two halves together - whether there is a claim, and whether pursuing it leaves you better off.

    Green

    On these answers, there looks to be a claim worth having.

    There is something to sue on, it is worth enough to justify the effort, the other side can probably pay, and the clock has not run out. That is the combination which makes a dispute worth opening. The next step is someone reading the actual contract, because the third question is where all the argument lives.

    Amber

    There may be a claim. The economics need checking first.

    Something here could be pursued, but on these answers it is not obviously worth it - the value, the cap, the recovery risk or the clock is doing enough damage to make the sum close. That sum is worth doing properly on day one rather than discovering it a year in.

    Red

    Pursuing this is unlikely to leave you better off.

    That is a real answer and not a polite one. Either there is not a claim, or there is one which costs more to win than it returns. Neither is a reason to do nothing - a letter, a negotiation or a write-off are all cheaper than litigation and frequently the right call.

    What the answers point to

    Listed in the order the check prioritises them. The first four are reasons a claim fails regardless of how badly you were treated.

    1. The six years have run

      For a simple contract the limitation period is six years from the breach, and once it has gone the claim has gone with it however strong it was. There are exceptions - a deed runs to twelve, and when the clock started can itself be arguable - but the starting position is that this is over.

      When a contract goes wrong
    2. A liability cap below your loss

      The cap may limit the entire value of the claim to a number which makes the fight pointless. It is the clause people read last and the one which most often decides whether there is anything worth having.

      A commercial contract, start to finish
    3. Nothing written down

      You may still have a contract - English law does not require a signed document - but proving what was agreed becomes the whole case, and that is expensive. This may be a different claim altogether, such as misrepresentation.

      Can you write your own contract?
    4. They may not be able to pay

      A judgment against a company with nothing in it is an expensive piece of paper. Check the accounts before spending anything, because winning against an insolvent defendant costs you the fees twice.

      When a contract goes wrong
    5. What you want is not what litigation gives

      Damages put you where performance would have, not where fairness might. Courts do not award apologies and they are a slow, costly way to be proved right. If that is the goal, the money is better spent elsewhere.

      Being right is not an outcome
    6. The value is below what a fight costs

      Under ten thousand pounds, costs and time swallow most of what you would recover. The small claims track exists for this and is designed to be used without lawyers - a well-drafted letter first is usually the better spend.

      When a contract goes wrong
    7. You have not mitigated

      You cannot recover losses you could reasonably have avoided, and waiting to see what happens is not mitigation. Re-let the work, find another supplier, chase the debt - then claim the difference.

      Damages, and what you can actually get
    8. The clock is well advanced

      Between three and six years in, the limitation period is close enough to matter. If this is worth doing it is worth doing now, because running out of time is the one failure no amount of merit fixes.

      When a contract goes wrong
    9. You have not checked the cap

      Worth doing before anything else, because it can settle the question on its own. It sits near the back with the other boring clauses, which is exactly why it gets missed.

      A commercial contract, start to finish
    10. The terms are a patchwork

      A signed agreement, a purchase order with different terms on the back, a scope document in an email. Which of those actually governs is a real question and it is the first thing anyone will ask.

      Are your terms doing their job?
    11. You disagree about what was agreed

      This is a harder case than a broken promise. Before it is a dispute about performance it is a dispute about the contract itself, which takes longer and costs more.

      What is a clause in a contract?
    12. This is a debt, not a dispute

      An unpaid invoice which is not genuinely disputed is a collection exercise rather than litigation, and there are quicker and cheaper routes. Worth establishing early whether they are refusing to pay or unable to.

      Disputes and litigation
    13. You want to keep working with them

      That changes the instrument entirely. A claim is a poor way to preserve a relationship; a negotiated variation is a good one, and it is considerably cheaper.

      Changing it, or ending it

    Frequently asked questions

    How long do I have to bring a contract claim?

    For a simple contract, six years from the date of the breach under the Limitation Act 1980. For a contract executed as a deed it is twelve. When the clock actually started can be arguable, and there are exceptions, so a claim close to the line is worth checking properly rather than assuming.

    Is it worth suing over a small amount?

    Usually not through the courts with lawyers involved. Below roughly ten thousand pounds, costs and time consume most of what you would recover, and the small claims track is built to be used without representation. A properly drafted letter before action costs very little and settles a surprising proportion of these.

    What is a liability cap and why does it matter so much?

    A clause limiting how much one side can be made to pay, often to the value of the contract or a year's fees. It can cap the entire claim at a figure well below your actual loss, which makes it the single most important clause to read before deciding whether to pursue anything.

    What does it mean to mitigate your loss?

    You are expected to take reasonable steps to limit the damage - find another supplier, re-let the work, chase the debt. You cannot recover losses you could reasonably have avoided, so sitting still and letting the loss grow does not increase what you can claim. It reduces it.

    Rather just describe it?

    Most disputes are easier to explain than to answer questions about. A short conversation costs nothing, and we will tell you honestly if the sum does not work - which is more often than you might expect.

    Disputes and litigation Talk to us