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the company is financially sound florida corporation, tho experiencing difficulty due to large projects and length of time they have to wait for their payments.
they own their factory and manufacturing shop etc.
we explored financing the entire job ourselves as an option to get them to reconsider their choice and spoke with a factoring company that having run financials on the company in question approved factoring if we decided to pursue that course.
in that we are not privy to much more of their private information than this it would be impossible to say for sure. However they have other upcoming large projects on their board, and additionally they presently have a bond on the project in question limiting any attempt on their part to seek bankruptcy to evade (though for such a small amount we sincerely XXXXX XXXXX to be something they would really consider.
Although they are obviously cash tight at the moment they go through periods of cash infusion and monthly payments against what they owe us should be well within their abilities (assumed)
no we did not have any protective wording to protect ourselves.
we were friends and believed that if anything so untoward was to happen to negate that friendship status that basic law itself would suffice.
part of question was whether or not the other parties have any responsibilities in this issue.
Yes. the project has a general contractor that hired the fabricator to provide product and installation.
the fabricator uses us for their installations.
the fabricator and general contractor reached a decision to transfer installation to the general contractor.
thus alleviating the fabricator from continued weekly payments to us without risking loosing their bond on the project.
the general contractor benefitted in that they were running very far behind and consistently not ready for the installs which would've eventually led to additional costs by us to fabricator and from fabricator to themselves.
thanks for your continued effort to get to the correct answer for me.
Tortious interference with contract rights can occur where the tortfeasor convinces a party to breach the contract against the plaintiff, or where the tortfeasor disrupts the ability of one party to perform his obligations under the contract, thereby preventing the plaintiff from receiving the performance promised. The classic example of this tort occurs when one party induces another party to breach a contract with a third party, in circumstances where the first party has no privilege to act as it does and acts with knowledge of the existence of the contract. Such conduct is termed tortious inducement of breach of contract.
Tortious interference with business relationships occurs where the tortfeasor acts to prevent the plaintiff from successfully establishing or maintaining business relationships. This tort may occur when a first party's conduct intentionally causes a second party not to enter into a business relationship with a third party that otherwise would probably have occurred. Such conduct is termed tortious interference with prospective business relations, expectations, or advantage or with prospective economic advantage.
I do have a follow up to the question involving 'was a contract in play' in that we verbally negotiated a price and the duties, submitted an invoice showing the agreed upon amounts, received and showed on invoice their deposit, and performed all duties requested of us until breach.
I see there are no areas to leave remarks.
however I would like to tell you that your taking the time to fully understand my queries before handing out a 'boiler plate' response was both honorable and informative....and luckily was what I wanted to hear so that was also a bonus.
I would use your service, requesting you, again.
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