That’s the question Farm Commons has pondered for over a decade and one that has felt especially relevant lately as we continue to navigate and discern our way forward through uncertain times.

For many businesses, the fear of contracting with a vendor who isn’t actually helpful is a real issue that can feel difficult to talk about and even harder to do something about. When the vendor costs the business money, business owners understandably often resort to terminating the relationship and maybe even resenting the vendor forever. But are there other options business owners can consider? Let’s explore one case that Farm Commons has experienced personally.

Last year, our team contracted an organization to build and launch our new website. We were promised that the website would be up and running by December 31, 2024. But December and January came and went, and the new website was still not launched.

The company claimed that a myriad of issues contributed to the delayed launch and promised to continue working on resolving the issue. But, the delayed launch had already caused real damage: workshops had to be canceled, staff needed to monitor and troubleshoot ongoing issues, and every issue threatened to potentially erode client trust.

This is a tough spot that no business wants to be in, and it can feel vulnerable and scary.

When bad things happen that result in damage, it’s important to understand your options and to move forward in a way that aligns with your values and goals. For some business owners, it may be tempting to write a nasty email, terminate the relationship, and sue for damages. This is understandable: promised goods weren’t delivered, and the resulting delay costs the business money, or in legal terms, the vendor is in breach of contract, and the business owner could sue.

However, lawsuits take time and money. In some cases, business owners might choose to terminate the contract and vow never to do business with that particular vendor again. This makes good sense.

But sometimes, businesses wonder if there is another way to achieve their needs and maintain a working relationship with a vendor that has breached a contract. In that case, it’s important to have a firm grasp of your contract terms and objectives.

Here at Farm Commons, getting clear on our objectives meant that we started asking questions. Did we think that the vendor could fulfill their obligations to us with an extended deadline? If so, were we prepared to establish routine project management check-ins to verify progress? While the answer for our team was yes, it’s important for us to note that this is not always possible or even the right choice for other businesses.

That’s why understanding your contract and risk tolerance in case the contract is broken is critical to building your legal resilience. It is essential to understand what your legal options are and what avenues you may have to be creative in achieving your goals. Hint: it doesn’t always have to be a nasty email! Learning how to lean into your creative power and express yourself through nonviolent communication is a powerful tool and one we practice in detail in our upcoming workshop, Discovering Resilience: A Legal Workshop for Farmers and Ranchers.

Have you experienced a breach of contract that you’ve solved creatively? We’d love to hear from you! Please share your stories with us via our email: info@farmcommons.org.