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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 9882
Experience:  30 years of corporate, litigation and international law
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I gave a web design estimate in a contract with no

Customer Question

I gave a web design estimate in a contract with no cancellation clause. I started the work, but the client never continued making the second incremental payment. Is it somewhat likely that I would prevail in suing for the face amount of the estimate? What
is the name of this doctrine, please cite case law.
Submitted: 1 year ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 1 year ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

Your contract is valid and your client has breached the contract by not paying. He will be liable to pay you the profit you would have lost on the contract. If you were the one doing the work you would recover the full value of the contract since it was all your labor.

If I have answered all your questions, please positively rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

Expert:  Richard - Bizlaw replied 1 year ago.

Here is a case that talks about breach of contract. Cresci Constr. Servs. v. Martin, 64 A.3d 254, 2013 Pa. Super. LEXIS 154, 2013 PA Super 66, 2013 WL(###) ###-####(Pa. Super. Ct. 2013)

Customer: replied 1 year ago.
If I did just a little bit of work, but the client stopped making incremental payments, is there a legal doctrine that I should be entitled to sue for the face amount of the estimate? What is the name of this specific legal doctrine?
Expert:  Richard - Bizlaw replied 1 year ago.

As I explained once the client breaches the contract by failing to pay as agreed you are entitled to damages equal to your lost profits. If you would have made 10% profit on the contract that is your damage. You are never entitled to the face amount of the contract unless that is equal to your profits. The law does not give a windfall it just puts you in the position you would have been in had the contract been performed as agreed.

If I have answered all your questions, please rate my answer great service as that is how I get credit.

Customer: replied 1 year ago.
What is the name of this legal doctrine?
Expert:  Richard - Bizlaw replied 1 year ago.

They are known as contract damages. It is not a "legal doctrine".

Customer: replied 1 year ago.
The case you cites pertained to prejudgement interest. Can you please cite a case that pertains to the concept we are discussing.
Expert:  Richard - Bizlaw replied 1 year ago.

This is a case about breach of an insurance contract but it discusses the standard damagesz in a contract action

The Birth Ctr. v. The St. Paul Cos., 567 Pa. 386, 787 A.2d 376, 2001 Pa. LEXIS 2759 (Pa. 2001)