What Kind of Dispute Do You Have?
Tariffs have created four main types of contract disputes. Find yours.
Force Majeure Claims
Your supplier claims the tariff is a "force majeure" event excusing performance. Most of the time, they're wrong.
Common Scenarios
- Supplier stops shipping, claims impossibility
- Buyer cancels orders citing government action
- Contract has vague "acts of government" clause
- Neither party has a force majeure clause
Price Adjustment Disputes
Supplier raised prices 25-50% mid-contract. Does your contract allow that? Probably not without a price adjustment clause.
Common Scenarios
- Supplier demands tariff pass-through
- No price adjustment clause in contract
- Vague "cost increase" language disputed
- Buyer refuses to pay increased invoices
Breach of Contract
They stopped delivering. You stopped paying. Someone breached. Let's figure out who and what you're owed.
Common Scenarios
- Supplier non-delivery due to tariff costs
- Buyer refuses goods due to price increase
- Partial shipments / short deliveries
- Quality issues blamed on cheaper inputs
Material Adverse Change
Someone's invoking the MAC clause to renegotiate or exit. These clauses rarely mean what people think they mean.
Common Scenarios
- M&A deal threatened by tariff impact
- Financing condition disputes
- Long-term supply agreement renegotiation
- Distributor termination claims
Tariff Dispute Analyzer
Answer 4 questions to understand your legal position
You likely have strong grounds for a demand letter
Based on your answers, a well-crafted demand letter could resolve this dispute without litigation. Most tariff contract disputes settle after a proper demand because neither party wants the cost and uncertainty of court.
Schedule Consultation →Flat-Fee Demand Letters
No hourly billing. No surprises. Results or we refund.
Standard Demand
- Contract review
- Custom demand letter
- Sent via certified mail
- 14-day response deadline
- One round of revisions
Business Demand
- Everything in Standard
- Full contract analysis memo
- Force majeure / MAC review
- Strategy call (30 min)
- Follow-up letter if needed
- Litigation referral if needed
Complex / High-Value
- Multi-contract analysis
- Detailed legal memo
- Negotiation support
- Settlement drafting
- Litigation preparation
- Ongoing counsel option
Common Questions
Are tariffs force majeure?
Usually no. Courts have consistently held that tariffs are foreseeable and don't excuse performance unless your contract specifically includes "tariffs" or "government trade actions" in the force majeure clause. A cost increase alone doesn't make performance impossible — just more expensive.
Can my supplier pass through tariff costs?
Only if your contract allows it. Look for "price adjustment," "cost escalation," or "tariff pass-through" clauses. Without one, a fixed-price contract means fixed price — the supplier bears the tariff cost unless you agree to modify the deal.
What if there's no force majeure clause?
Then the default rules apply: the party can try to claim "commercial impracticability" under UCC § 2-615, but that's a high bar. A 25-50% cost increase typically doesn't qualify. We can help you understand your specific situation.
How fast do demand letters work?
Most of our tariff-related demands get a response within 14-21 days. About 70% result in settlement negotiations without litigation. The key is a well-crafted letter that shows you understand the law and are prepared to enforce your rights.
What if they don't respond?
Then you have documented evidence of your attempt to resolve. This strengthens any future litigation. We can refer you to litigation counsel if needed, or help you evaluate whether the economics make sense to pursue further.
Do you handle the actual lawsuit?
We focus on demand letters and pre-litigation resolution. For actual litigation, we work with a network of commercial litigators and can make a referral. Many disputes don't need to go that far.