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Lucy, Esq.
Lucy, Esq., Attorney
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We have a business dispute with a US based company (California),

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We have a business dispute with a US based company (California), we had an contractual agreement in place since April 2010 that they will made a software delivery suitable for our customers. As the software was their product it needed some customized and it was put on the roadmap. However after 3 years they still have not made the final delivery and now want to backoff of the deal. The problem with that is that we made the first payment and that we are losing a potentional revenue of 300.000 USD over the last 3 years. Can get payback in some form from that company if they break the contract?
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Under California law, a company that breaks a contract may be held liable for damages that the other party suffers as a result. Damages could include the cost of getting the software delivery from another seller and any incidental costs. It may also be possible to recover some of the revenue that you have lost as a result of their delay and breach.

The statute of limitations for breach of contract is four years, so you still have time. The suit would have to be filed in California, in the county where the company is located. Because of the time and expense involved in traveling back and forth to CA for court, it may be a good idea to speak with a local attorney who can initiate negotiations on your behalf or possibly seek mediation to try to work out a resolution. If that doesn't work, a lawyer can file suit on your behalf. The California Bar Association has a referral service that may help you locate someone who can assist.
http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx


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