Enforce commercial rights without losing sight of the business
A commercial dispute can affect cash flow, assets, contractual relationships, reputation and management time. The strategy must begin with the outcome that matters, the evidence available and whether an eventual order can be enforced.
CVZ Attorneys handles general commercial litigation involving the interpretation and enforcement of contracts, including claims for payment and damages arising from breach. We represent clients in negotiations, applications and actions, working with specialised advocates where appropriate.
Fields in which we act
The firm’s established commercial-litigation scope includes:
- construction;
- corporate matters;
- corporate recovery;
- constitutional advice and litigation;
- operational risk management;
- insolvency; and
- property.
Each matter is assessed against its governing contract, the factual record, forum, remedy, timing, cost and recovery prospects.
Contract interpretation and enforcement
Commercial disputes frequently turn on the meaning of performance obligations, payment mechanisms, notices, warranties, termination rights or limitations of liability. We establish the contractual framework, preserve evidence and identify whether the useful remedy is payment, damages, performance, cancellation, security or negotiated exit.
The firm’s legacy experience includes disputes concerning:
- commission and franchise agreements;
- lease and employment contracts;
- supply, joint-venture and distribution agreements;
- acknowledgements of debt;
- partnership, confidentiality and non-disclosure agreements;
- sale-of-business agreements;
- members’ and shareholders’ agreements;
- buy-and-sell and subcontractor agreements;
- tender-submission and exhibition agreements;
- powers of attorney; and
- company resolutions.
Debt recovery and summary judgment
Debt recovery should be proportionate and enforcement-focused. We assist with demands, summons, defended proceedings, summary judgment where procedurally available and post-judgment execution. Before escalation, we consider the debtor’s position, available security and whether likely recovery justifies the process.
Insolvency-related applications
Liquidation is a serious collective remedy, not a routine collection tactic. We advise on winding-up applications, statutory demands, disputed indebtedness and the commercial consequences of insolvency proceedings. The broader insolvency practice is addressed separately.
Settlement and alternative dispute resolution
Settlement is valuable when it produces an enforceable outcome on acceptable terms. We prepare negotiation positions, settlement agreements, acknowledgements of debt and security arrangements. Arbitration, mediation or another ADR process may suit disputes that require privacy, expertise or an industry-sensitive timetable.
What to do when a dispute emerges
- Preserve the complete agreement, amendments, messages, invoices and meeting records.
- Avoid admissions, threats or termination notices before their consequences are understood.
- Record breach, demand, notice and prescription-related dates.
- Identify the practical objective and any urgent threat.
- Obtain advice before the parties’ positions harden.
Frequently asked questions
Will my matter have to go to trial?
Not necessarily. Many matters resolve through negotiation, applications, procedural outcomes or settlement. Preparation for litigation can improve the prospects of sensible resolution.
Can legal costs be recovered?
A court or tribunal may award costs, but an award rarely reimburses every rand spent and recovery depends on the opponent’s means.
Is liquidation the best way to collect a debt?
Only in an appropriate insolvency case. A genuinely disputed debt may require ordinary action proceedings, and a negotiated or secured outcome may produce better value.
Get an early view of the options
Bring the key agreement, correspondence and chronology to an initial consultation.