Vendor Disputes
When vendor relationship breakdowns, contract and specification breaches, volume and pricing variances, or other commercial issues threaten your business operations, Benesch moves fast to secure emergency relief, resolve the dispute and protect your bottom line. Whether it’s enforcing contract rights, assessing risk of breach, developing termination and transition plans, defending against claims and disputes, or navigating complex regulatory scrutiny, our trial-tested team delivers solutions that keep your business moving forward.
Overview
Inside Knowledge. Real-World Experience.
Our team has extensive hands-on business experience managing vendor performance failures, as well as the logistics, supply chain, trade and compliance matters arising from your vendor relationships. We know the law, the regulatory framework and the operational realities that drive your business—and we know how to win in court.
Our cross-disciplinary trial-ready team has achieved winning results in court, in arbitrations and before regulators, resolving high-stakes disputes involving clients across industries—from public corporations to privately held enterprises—in every type of vendor and regulatory dispute, including:
- Breach or termination of vendor supply, procurement and transportation contracts
- Pricing, rate and overcharge disputes
- Cost and volume variance, as well as performance delays, due to tariff burden or other regulatory impacts on international traffic, including customs detention
- Product quality, warranty, recall and risk allocation issues
- Negligence and tortious interference claims
- Delays, delivery failures and damage in transit
- Cargo loss, theft and fraud
- Force majeure events
- Disputes related to freight intermediaries, carriers and warehouse operators
- Disputes between prime government contractors and subcontractors
- Tenacious. Talented. Trial-Proven in state, federal and international forums
- Swift. Strategic. Effective. Poised to act when every second counts
- Industry insiders with real-world experience
- Cross-border strength and global reach
When vendor relationships and inbound supply chain or other commercial disputes threaten your business, Benesch is ready to respond decisively, strategically and successfully.
Related Practices
Our work in action
Representative Examples
Represented Fortune 100 technology company in 10-figure dispute with Fortune 100 company supplier
where supplier repeatedly breached supply agreements and wrongfully threatened to withhold products unless company paid millions more than what was required under the agreements. Successfully convinced arbitrators that majority of claims were arbitrable and to pause company’s obligation to purchase hundreds of millions of dollars of products it did not want or need. Obtained highly favorable settlement during discovery.
Represented Fortune 100 technology company
in nine-figure dispute with Fortune 100 company concerning the termination of the parties’ services letter agreement. Obtained favorable business resolution on the eve of trial after successfully barring opposing party’s key expert and limiting testimony of key fact witnesses.
Represented many manufacturers and retailers
to validate vendor claims of tariff-related cost increases or to communicate the impacts of those cost variances to customers.
Represented a global supplier of personal-care products
in a dispute with a vendor relating to high-profile product recall. Successfully negotiated resolution with the vendor and helped client resolve PR and regulatory issues relating to the recall.
Represented a technology company in tort claims
seeking nine-figure damages from a supplier due to product defects. Secured a confidential settlement after defeating three successive motions to dismiss.
Successfully defended and prosecuted numerous cases throughout the country
involving claims against carriers and transportation intermediaries arising from damaged, lost or delayed freight.
Represented leading consumer products company in eight-figure breach of contract matter
with supplier that presented issues of first impression concerning the enforceability of “take or pay provisions” in supply agreement during COVID-19 pandemic.
