Can I terminate a French service contract for repeated late deliveries and recover damages?

Hello,

I understand you're facing issues with a supplier in Paris who is repeatedly missing delivery deadlines. I can offer some information on your rights under French contract law.

Breach of Contract for Late Deliveries
Under French law, timely delivery is a key obligation for a supplier. If your contract specifies delivery dates, the supplier's failure to meet them can be considered a breach of contract. Even if no specific dates are mentioned, the law requires delivery within a "reasonable" timeframe, which is determined on a case-by-case basis.​

Your Legal Options
In the event of a breach of contract due to late deliveries, you have several remedies available:

Termination of the Contract: You can request the termination of the contract. This can be done through a court, but it's also possible to include a termination clause in your contract for such situations.​

Damages: You can seek damages to compensate for the losses you have incurred due to the late deliveries. This can include any financial losses and, in some cases, lost profits. To claim damages, you will need to prove that the loss is a direct result of the supplier's failure to deliver on time.​

Recommended First Step: A Formal Notice
Before taking legal action, the recommended first step is to send a formal notice called a "mise en demeure" to the supplier. This is a formal letter that demands the supplier fulfill their obligations (i.e., deliver the goods or services) within a specified, reasonable period.​

The mise en demeure  serves as the final warning before you pursue legal action and is a necessary step to claim certain types of damages. You can send this notice yourself, but it must comply with certain legal formalities to be valid.​

Do You Need a Lawyer?
While you can send the mise en demeure  yourself, it is advisable to consult with a lawyer. A lawyer can ensure the notice is correctly drafted and can represent you if the matter goes to court, which can be a lengthy process in France.​

I hope this information is helpful. If you would like to discuss your situation in more detail, I can provide a more in-depth consultation via WhatsApp for a small fee.

Under French contract law, the supplier's repeated failure to meet delivery deadlines is a strong candidate for a contractual breach that could justify termination and a claim for damages. However, the specific terms of your signed contract are paramount and will control this process. It is essential to first review the agreement for any clauses detailing the consequences of late delivery, the procedure for termination, and any mandatory notice periods or dispute resolution mechanisms. While you can initiate the process by sending a formal notice yourself, having a French lawyer conduct an immediate contract review is the most critical step. This ensures your notice is legally sound, your rights are fully protected, and any subsequent actions for termination or damages are built on the strongest possible foundation, strictly adhering to both the law and your contractual agreement.