Category Archives: General FAQ

CAN I SUE FOR UNFINISHED WORK ON CONTRACT?

Q: I have an incomplete contract from a client, can I sue for the monetary value of the rest of the terms? I had a contract with a client for 18 months, but only completed seven months of it because he could “no longer afford to” pay on it. Is this an acceptable reason for him to discontinue said contract, or can I sue for the value of the 11 months unpaid and unworked?

A: It depends on the language in the contract. A good contract would have spelled out damages if there is a breach. If the contract does not spell what constitutes breach and does not address damages, you possibly may be able to recover under other theories of contract law, such as quantum meruit . This ancient contract doctrine is based on the work you actually performed that you were not paid for or costs that you advanced for which you were not reimbursed for months 8 through 18. You really need to let a lawyer look at the contract and hear all of the facts to assess whether you have grounds to sue, and whether it would be worth suing this particular defendant.

Can I Sue for Unfinished Work on a Contract?

Q: I have an incomplete contract from a client, can I sue for the monetary value of the rest of the terms? I had a contract with a client for 18 months, but only completed seven months of it because he could “no longer afford to” pay on it. Is this an acceptable reason for him to discontinue said contract, or can I sue for the value of the 11 months unpaid and unworked?

A: It depends on the language in the contract. A good contract would have spelled out damages if there is a breach. If the contract does not spell what constitutes breach and does not address damages, you possibly may be able to recover under other theories of contract law, such as quantum meruit . This ancient contract doctrine is based on the work you actually performed that you were not paid for or costs that you advanced for which you were not reimbursed for months 8 through 18. You really need to let a lawyer look at the contract and hear all of the facts to assess whether you have grounds to sue, and whether it would be worth suing this particular defendant.

CAN CONTRACT BE CHANGED WITHOUT ME SIGNING?

Q: Once a contract is signed, is it possible to change a component and hold a party to the change without signing a new contract?I signed a contract with my nursing school when I started in August 2012. This is a 2 year program. On May 31, 2013, there was a change to the contract. I was never asked to sign a new contract until I brought the discrepancy up to the Dean. Is it legal for her to hold me to the change if I didn’t sign anything to agree to it? Is it legal for the Dean to tell us this contract is “for clinical reasons” when it is a grading scale issue?

A: Generally speaking, once it is signed, one party to a contract cannot unilaterally change any fundamental terms. This is unless language permitting such changes exists in the contract. However, I am not looking at these contracts and really cannot give you a certain answer. You need to review the contract with an attorney. I wouldn’t discuss this matter at school until you are fully apprised by an attorney as to whether you have legal rights or not. Also, I would also only fight this battle if it is an important one in that you want to be on good terms with the persons who right now can influence your career.

I am POA for my dad. Do I have to produce financial records for a VA social worker?

Q:  I have a Durable Power of Attorney signed over by my father with Alzheimer, about 3 years ago. He already has a social worker at the VA where he goes to the doctor. They have all of our POA/Healthcare Proxy forms on record. Suddenly this other social worked came to my home (dad lives with me) and is now demanding to see his finances. Do I have to comply? I already spent plenty of time documenting all of this and there are no problems at home, dad is content. I am an only child and mom passed away so there aren’t even other family members who would have a say in this. I don’t think I should have to jump through hoops every time some random stranger shows up and wants his curiosity satisfied. What authority do these people have, anyway?

A:  Hi, The answer to your question is yes. However, you have the right to respectfully reply, “my father has a right to privacy in his records, so no I will not unless or until you obtain a court order requiring me to do so”. However, how much more do you want the problem to grow? They will get suspicious and possibly get a court order so be prepared to face more requests. If you have nothing to hide you may want to comply.

Parking garage lost my keys. Can I sue?

Q: Can I sue a garage for losing the keys to my car they are refusing to pay for new ones and I have no spare?

A: The garage owed you a duty under bailment law. This was an implied contract to maintain your personal property, in exchange for the fee you paid. They probably have a disclaimer and release on the ticket which says they are absolved from any such loss, but most likely it will not be a defense to them in court. New key fobs with all of their technical capabilities can run at least $200.00 to replace and reprogram and sometimes much more for some of the higher end cars. It is a long shot, but you could also look to your insurance to see if they will cover this loss. Then, your insurance company can go after the garage.

Living Will versus my oldest sibling?

Q: My father has a Living Will that says do not resuscitate but Dr. Says it is up to the oldest child, my sibling. Who is correct?

A: A valid legal living will with an appointed and designated agent/surrogate who is ready and willing to act, should be honored by a hospital or medical provider. Your father’s Living Will needs to be in full compliance with Pennsylvania law. If you are the designated agent or surrogate on such a legal Living Will, the end of life decision should be made by you as directed in the Living Will, regardless of what the doctor or hospital says. I have had certain hospitals that inform next of kin that they are not obligated to honor a Living Will, and I really don’t understand it. The Living Will I use in my practice is taken directly out of the Pennsylvania Probate, Estate and Fiduciary statute. It seems that some medical providers will only honor a Living Will or DNR code document drafted or endorsed by their lawyer, for whatever reason. You should have a meeting with the doctor or the social worker, tell them your position and ask them to explain their reason. If there is no resolution, change doctors. If that is not possible, hire a lawyer to contact the doctor or staff. If there is still no resolution, the lawyer can file a petition in which it is requested that the doctor or hospital appear in court and tell the judge why they do not conform to Pennsylvania law.