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Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Did you sign any terms and conditions with this company? Did you sign a purchase order with this company? Kind regards AJ
Hi, Thank you. Yes this is a breach of contract if the time scale was a term and condition of the agreement - ultimately the damages for breach of contract are any losses that are naturally occurring consequence of the breach and are reasonably foreseeable. Firstly have they refunded you the money paid for the service not provided and secondly how much do you have to pay the sub contractors?
Hi, Thank you. I certainly would not agree to pay for a service you have not received. The losses you have suffered would fall within the small claims court, so this does limit what you could recover for the costs of making a claim. I would write to them as follows:
- Deny liability for their invoice and say that you will not pay for a service you did not receive;
- Say they are in breach of contract as they accepted that time was of "the essence" for this supply when they accepted your deadline - and therefore as the deadline was a condition of the agreement they have breached you are entitled to terminate the contract and claim damages;
- Send them an itemised list of the losses you have suffered and ask them to settle the losses immediately.
If they refuse you will have to consider making a small claim against them
I look forward to hearing from you. Kind regards AJ
Hi, Thank you. Yes - the only issue you would have in going to court is proving the date and time were agreed, because this was done over the phone. Kind regards AJ
Hi, Thank you. If you have the dates and times in a written contract then that is exactly the evidence you need to bring a claim.