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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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I have a contract dispute with a uniform company who has failed

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I have a contract dispute with a uniform company who has failed to perform in quality of service issues. I would like to cancel contract but am told I cannot inspite of verbal promises made before contract was signed. A representative of the company showed up at my place of business UN-announced with a copy of the contract in hand reminding me that the company has attorneys also. Who would you recommend I see for some counsel about this contract. What would be aprox. cost to have counsel review this contract and discuss with me my options?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

You would want to visit with a local attorney who does Civil Trial Law or Civil Litigation. Usually the cost for an office consult and to get some questions answered about a specific contract will be between $100 and $300 although some attorneys don't charge anything if it isn't a lengthy meeting.

JD 1992 :

Also, don't be tempted to hire the biggest law form, many of the best litigators out there work for themselves or smaller firms, particularly in Texas.

JD 1992 :

If you have some general questions you need answered Id' be glad to take a look at them and see if I can answer through this forum.

JD 1992 :

We can't do a full contract review of course but many times we can provide enough information to at least point you in the right direction.

JD 1992 :

We could start with you explaining how the company "failed to perform in quality of service issues".

Customer:

Thanks for your response. We have had repeated problems with the quality of the uniform cleaning. Before I signed the contract the company made assurances of pressing the uniforms and being able to make changes in style and sizes for my guys. We've made request with our service reps on numerous occasions verbally and no response etc..

JD 1992 :

The "verbal promises" probably aren't admissible since you have a written contract, however, if they aren't performing the services adequately then you can claim that they breached the contract and have a court let you out of it (aka void it). How long is the remainder of the contract and how much is it per month?

Customer:

About 350 per month for another 4.5 years.

JD 1992 :

So it's substantial enough to be worth pursuing a legal action.

JD 1992 :

Did the company give any excuse for the bad service?

Customer:

Contract says I must contact company in writing by certified mail and give them 30 days to resolve the issue. If company cannot resolve in 30 days then I may cancel contract.

JD 1992 :

Did you send them the notice?

JD 1992 :

are you still there?

JD 1992 :

It looks like the chat function is messing up so I'm going to switch this to a Q & A format. It might take us a little longer but the result will be the same.

Customer:

Not really, they did fire one of the route driver / service reps. They intimated that the things I was told by the salesman were just sales talk and they could not possibly have the uniforms returned as promised each week.

Expert:  Dwayne B. replied 1 year ago.
If the written contract requires a written complaint then you definitely need to do that. You may even consider getting the lawyer to write the letter.

What did the salesman promise as far as return times?
What does the contract say about that?
Customer: replied 1 year ago.

Salesman promised i could make changes any time and cancel with 30 days notice. I'm still reading and reviewing the contract.


 

Expert:  Dwayne B. replied 1 year ago.
What are your main complains about their service?
Customer: replied 1 year ago.

We have ordered changes to style and size. This order has been placed with the route driver / service rep verbally. No response.


 


Uniforms come back sloppy and not looking pressed as promised.


 


Request for changes in short vs long sleeves took over 6 weeks to get straightened out.


 


Just to name a few.


 

Expert:  Dwayne B. replied 1 year ago.
At this point you probably do want to visit with a local attorney who does Civil Trial Law or Civil Litigation. You can usually find one close to you at www.lawyers.com.

The first step is to send them a letter by certified mail explaining the problems you are having and giving them time to correct them. If they fail to do so you can sue for a breach of contract and to cancel it. The lawyer will know how to write the letter so that it can be used as evidence later.

That will also give you the time to get pictures, video, etc. to use as evidence in the case.
Customer: replied 1 year ago.

I like your answer. I'll start pursuing this . Thank you.

Expert:  Dwayne B. replied 1 year ago.
Great and best wishes to you on this.

Please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27373
Experience: Began practicing law in 1992
Dwayne B. and 18 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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Dwayne B.
Dwayne B.
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Began practicing law in 1992