Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
That sounds good, I look forward to the follow up Friday, at 11AM.
Have a nice day!
Hello, I was wondering, regarding a contract that the company has breached, does that somewhat nullify the contract?
Yes, here is what happend:
We had a contract to build a tradeshow booth for a customer. After the contract was agreed, they then asked a former employ to add sever costly components, at no additional cost to them. This was a huge loss to us, but went along with it, since the former employee agreed to it in an email. We were not happy about that, but gave them everything they wanted, even though we lost on it. However, a key component of the contrract was that they customer needed to "pay in full" before anything ships out. They gave us a bad check (whereby they placed a built in stop payment) at the time they made out the check). There check was returned from the bank, and it took us (18) days to finally get paid, after they picked up the booth us.
Is there anything we can do in order to get compensated for our losses on this?
Hi, the contract was a written via email, and all confirmed via email.
One of their employees added components, and one of our former employees agree to it.
We are considering both options here. If we void the contract, then we belive that they would need to return the tradeshow booth we build for them, and then we would charge them a standard "rental fee" for the booth.
On the other hand, we would also consider just being compensated for our losses, regarding the additional components that we had to build for them. We feel that it's not fair for us to have to build additional components for them, which were not charged for, when they did not meet the terms of payment on this. We don't know though if the fact that they are 18 days late on the payment calls for a voidance, or a restructuring of the contract?
Thank you, XXXXX XXXXX answers the question. Have a great day, and thanks for your help!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).