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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 18358
Experience:  Licensed to practice before state and federal court
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I own a small janitorial company. We service an office five

Customer Question

I own a small janitorial company. We service an office five nights a week and perform all duties listed in cleaning contact agreement each night. Recently, Doctor said she is unhappy with the cleanliness of the floor. We met with her to resolve the issue twice.In our contract,it says we have five days to resolve issue or contract may be terminated. She is stating she wants us to steam clean the floor for four hours otherwise she will terminate the contract due to performance, however, the contract states we only have to mop the floor with a wet mop each evening. We have steamed the floor already three times, but she is still unsatisfied. We can be seen on camera steaming the floor, mopping the floor etc each night. I feel like they just want to get rid of me and nothing i do will be good enough. If they decide to terminate, will I have any legal grounds to sue?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Texas
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I'm not sure. Its contract labor but we have a contract agreement to service the office five nights a week and perform all duties in the agreement each night
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 year ago.
Category: Legal
Expert:  Legal Eagle replied 1 year ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Customer: replied 1 year ago.
thank you
Expert:  Legal Eagle replied 1 year ago.

Great, thank you! Bear with me a moment while I review…

Expert:  Legal Eagle replied 1 year ago.

I'm sorry to hear about your situation. This appears to be a violation of the implied covenant (promise) of good faith and fair dealing because they are asking you to do things that are beyond what is called for in the contract to force you to give her a benefit that she did not bargain for. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward other can result in a breach of contract. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state started.

What other questions did you have for me?

Customer: replied 1 year ago.
basically, if I complete the template for advising of a breach of contract, I then send that to her?
Expert:  Legal Eagle replied 1 year ago.

Yes. I have seen this be very effective in the past in helping parties that are trying to breach the contract or who have already breached a contract either perform as they are required to or pay the damages that result. It's a lot cheaper and easier than going to court over the issue. I use these templates all of the time and I've had some success with them. What other questions did you have for me?

Customer: replied 1 year ago.
if it comes down to suing her, what would I sue her for, the remaining balance left to fully pay out my contract? We have about ten months left in the contract agreement which would amount to about 6500 dollars.
Expert:  Legal Eagle replied 1 year ago.

Good question. You would probably sue her for your actual and consequential damages. The actual damages are the damages that you actually suffered because of the breach. For example, it would probably be whatever payments she did not make. The consequential damages would be damages from things such as bounced checks, late fees, or anything else that would be reasonably foreseeable in event of a breach.

Customer: replied 1 year ago.
what kinds of records/documentation should I be keeping while I am still cleaning for her? In other words, do I need to keep a log of each time she has an issue and document our steps we took to resolve said issue? Photos, videos etc?
Expert:  Legal Eagle replied 1 year ago.

I would recommend keeping a log of each time she has an issue, of course keep a log of the payments she makes (or doesn't make), and also keep a detailed log of the work that you do. This way, if you have to sue, you can show that you performed and she didn't. What other questions did you have for me?

Customer: replied 1 year ago.
one more thing, the contract agreement is in the name of the actual practice, not her specific name. So in other words, I would be suing the practice and not her, right?
Customer: replied 1 year ago.
I should add that she is part owner of the practice
Expert:  Legal Eagle replied 1 year ago.

Yes, you would be suing her practice and not her individually. :-). Was there anything else?

Customer: replied 1 year ago.
No thats all, thanks
Expert:  Legal Eagle replied 1 year ago.

The pleasure is all mine! There’s just a few other things I’d like you to know before we wrap up this conversation:

  1. Could you look on your screen and provide me a star rating? 5-stars are always appreciated.

  2. For your benefit, you can also click here in the future to request me individually.

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