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Technical disputes need a clear connection between contractual requirements, actual performance and proof. We assist businesses in disputes concerning machinery, industrial installations, delivery obligations, acceptance, variations and consequential losses.

Procedure and practical preparation

The first step is to identify the agreed performance standard and test conditions. A useful evidence plan separates technical findings from legal conclusions. Operating data, maintenance records, change requests and acceptance documents must remain available. Where several suppliers contributed to the system, interfaces and responsibility should be mapped before attributing a failure. Expert evidence may be necessary, and a third-party notice or coordinated proceedings may help protect recourse. Repair and continued production should be planned together with preservation of evidence.

Four practical examples

These are illustrative situations, not descriptions of particular client matters or promises of an outcome.

1. Output below specification

A production line misses its target. Test conditions, raw materials and operation must be compared with the contractual assumptions.

2. Unsigned changes

Additional functions were requested but their price is disputed. Minutes, approvals and authority help determine whether a payable variation was agreed.

3. Production stoppage

Failed parts and downtime records should be preserved. Alternative causes, saved costs and reasonable mitigation affect the loss calculation.

4. Multiple suppliers

Mechanics, software and integration came from different companies. The contractual interfaces may be as important as the defective component.

Documents for the initial review

Please keep the complete correspondence, contracts, decisions and service records available. Identify any deadlines and the person coordinating information within your business. The initial review determines the correct procedure and the further evidence needed; it does not replace a filing with the court or authority.

Related guidance

Strategy and costs · Settlement · Enforcement

Legal framework

German legislation – 485

Updated 13 November 2026. This guide concerns German proceedings; special statutory rules and international instruments may affect the individual case.

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