A missing agreement does present obstacles. If you cannot locate your agreement it does become harder to confirm your own position and to support that position with evidence.
We recommend that you:
- ask your legal representative if they have access to the agreement;
- ask the other party to the agreement if they can provide you with a copy; and/or
- search for any draft versions of the agreement or correspondence relating to the agreement.
You can also ask the other party to the competing claim to support their position by providing their agreement or a relevant excerpt.
As a proactive step for the future we recommend scanning copies of your agreements and storing these digitally for ease of access.