Tag Archives: BREACH OF CONTRACT

Is there any action I can take to keep from paying to repair a leaking roof?

Q: I noticed that the contract was not followed. I had a roof installed in August of 2011. Yesterday I noticed that there was water leaking into one of my upstairs bedrooms. I cut a hole into my attic wall and found where I think the leak is coming from but noticed that there is a large area where there is no underlayment. In my proposal it clearly states that there will be new underlayment installed. is there anything that I can do to keep from paying out of pocket for this?

A: Review your contract to double check if underlayment was to be used. That would definitely be a breach of contract if underlayment was contracted to be used and was in fact not used. Have another contractor inspect the work. You will need him to verify that underlayment was not used per the contract, and him to give you a report stating what he found and what he needs to do to remedy the situation, even if it means a new roof. Have him take photos. I would then notify the prior contractor of your leak, both by telephone and in writing. Proof of notice is essential if you potentially have to sue him. If he will not remedy the situation to your satisfaction, you may need to file a law suit. Make sure to preserve all documents and information from the prior contractor and for what is currently going on.

INSURANCE COMPANY IS NOT PAYING MY BILLS

Q: Signed a compromise and release with insurance company, Doctor bills still not payed from them, going to collection in 10 days. This was all agreed upon at court and Insurance Company is to pay for my Surgery also, with recovery. What are my options at this point? Surgery is already scheduled in 3 weeks.

A:  If you did not have a lawyer draft this settlement agreement with the insurance company, you need to review it carefully to see if what you signed obligates the insurance company to pay your continuing treatment. If you are not sure, take it to a lawyer for review. If the lawyer agrees with your assessment, he or she can threaten litigation and if necessary, file a breach of contract, or possible a bad faith claim against the insurance company. If the contract is clear, the insurance company could be dragging their feet and hoping you go away.

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 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.