Mgr. ANNA VEJMELKOVÁ, advokát

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CLAIM ENFORCEMENT FROM A BUSINESS CONTRACT: WHAT MUST BE INCLUDED TO MAKE IT ENFORCEABLE

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“I have a debtor, I have a contract – and yet I was told it’s unenforceable.”

Martin, a business owner, had a written contract. His client didn’t pay, so he went to a lawyer thinking he was on the safe side. But the contract lacked a clear due date, wasn’t signed, and had no penalty clause. The result? No money, just disappointment.

Effective claim enforcement starts with a well-drafted contract. A precise and enforceable agreement significantly improves your chances of recovering debts quickly – sometimes even without going to court.

⚖️ What a contract must include to be enforceable

  • Precise identification of the parties – including company ID, address, contact details

  • Clearly defined obligations – what is to be delivered, at what price, when, and to whom

  • Due date – specific and unambiguous

  • Clause on contractual penalties or default interest

  • Security mechanisms – such as guarantees, collateral, or retention payments

  • Right to unilaterally withdraw in case of delay

  • Clause on governing law and jurisdiction


📌 Real-life example:

Company A delivered goods to Company B. Payment never arrived. The contract only stated “payment upon agreement” – no specific date, no penalties. When taken to court, the judge ruled the claim was unenforceable due to vague payment terms.


✅ Lawyer’s recommendation:

Before you try to enforce a debt, take a close look at what your contract actually says. Prevention is better than litigation – and a well-drafted contract can save you years of disputes.

For a fixed fee, I will review your contract and check whether it meets enforceability standards. I also offer discounted packages for regular cooperation with business clients.

Do you have an unpaid invoice and you’re unsure whether your contract holds up? Send it to me for review – we’ll quickly determine your chances and next steps.

Contact a legal professional – I specialize in contract law.
Learn more here.

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