Commercial Contract Disputes

Commercial Contract Disputes Lawyer in Lugano

When a commercial contract turns into a dispute, the stakes are almost always high and time is short. Haab Legal assists Ticino entrepreneurs and SMEs in disputes arising from business contracts: sale, loan, mandate, lease and tenancy. We act both out of court (default notice, formal notice, settlement) and before the District Court of Lugano (Pretura) and the Court of Appeal of the Canton of Ticino.

The types of dispute we handle

Disputes over contracts of sale

The most frequent disputes concern defects in the thing sold (art. 197 et seq. CO) and non-performance of delivery or payment obligations. The buyer has three remedies for defects: action for rescission (cancellation of the contract and refund of the price), action for reduction (reduction of the price), action for replacement of the defective goods.

For the seller, the most common dispute is non-payment. The standard route is a default notice setting a reasonable period (art. 102 CO), followed, in case of inaction, by DEBA enforcement. For claims disputed on the merits, proceedings are brought directly before the District Court or the Court of Appeal depending on the value.

Disputes over loans

The loan contract (art. 312 et seq. CO) gives rise to two types of dispute. On the lender's side: failure to repay at maturity, forfeiture of the benefit of the term, realisation of real or personal security. On the borrower's side: challenge to the interest rate, defence of set-off, challenge to unfair contract clauses.

The Consumer Credit Act does not apply to loans between businesses. The forum is the one stipulated in the contract, failing which the defendant's domicile. For certain, liquid and due claims we begin with a payment order under the DEBA.

Disputes over mandate

The mandate (art. 394 et seq. CO) is the underlying contract of many professional relationships: advisory services, asset management, brokerage. Typical disputes: revocation of the mandate (art. 404 CO, always possible, but if untimely it entails liability for damages), liability of the agent for poor management (art. 398 CO, duty of diligence), restitution of what was received in performance of the mandate (art. 400 CO, including retrocessions).

The liability action against a professional agent (asset manager, advisor, fiduciary) is subject to a limitation period of 3 years from knowledge of the damage, and in any event 10 years from the act (art. 60 CO).

The judicial and out-of-court routes

A commercial dispute ends in three ways. First: amicable settlement, the quickest and most economical, usually with an exchange of letters and a settlement deed. Second: conciliation proceedings before the District Court (art. 197 CPC), mandatory for certain disputes. Third: civil action, before the District Court (first instance) or the Court of Appeal (second instance), with an average duration of 12-24 months at first instance.

For certain, liquid and due claims, there is a fourth, faster route: DEBA enforcement proceedings. Once the payment order is served, the claim is collectible if the debtor does not file an objection within 10 days. If the debtor objects, one applies for provisional or definitive dismissal of the objection. For details, see the Debt collection page.

When to act and how to prepare

The practical rule for anyone facing a commercial dispute: gather evidence before acting. Emails, signed contracts, invoices, order confirmations, WhatsApp exchanges, delivery records. Without documentary evidence, the court cannot rule in your favour. Once the documentation is gathered, the first thing we do is a preliminary assessment of the case: prospects of success, realistic settlement value, risk of losing on costs. Only then do we decide whether to proceed and with what strategy.