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Jenny, Solicitor
Category: Law
Satisfied Customers: 6430
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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My company won a contract to look after dogs and are on a "cascade"

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My company won a contract to look after dogs and are on a "cascade" system where once the kennels ahead of us (cheaper) are full we are then supposed to get dogs sent to us. We are fifth of seven kennels. I believe the kennels below us on the cascade system are getting dogs and we are being overlooked. Am I allowed to claim for loss of earnings if this is the case? Thanks.
Hello my name is ***** ***** I am happy to help you today. Is the cascading a service that you pay for, please can you explain how it should work?
Customer: replied 2 years ago.
It is a cascading service yes - the cheapest kennel gets the first dog until they are full then it cascades down to the most expensive. We are fifth cheapest and there are two below us who I believe are getting dogs yet we are not.
ok thanks do you have a written contract with them?
Customer: replied 2 years ago.
yes, it is for three years.
Customer: replied 2 years ago.
It started on April 1st this year
Ok have you raised the issue with them at all? If so what has been the response? What is the value of the contract?
Customer: replied 2 years ago.
I have emailed them regularly asking for information regarding how many dogs they have. Their response is always that they do not have enough to "reach" us on the cascade list. The contract value to us is around £115K + VAT PA. We have a contract to house 16 of their dogs (if they need us to).
What evidence do you have that they have breached the contract?
Customer: replied 2 years ago.
Only verbal information from the dog transportation people that tell us they are full up at their kennels (and they are below us on the cascade list)
Customer: replied 2 years ago.
We have only had seven dogs in the last four months
Have you raised this specifically that you have been told that this is the case by a kennels lower on this list?
Customer: replied 2 years ago.
I have today emailed them and asked them to clarify where we are on the list, how many dogs they currently have also. They have not responded.
Customer: replied 2 years ago.
No, I have not told them I know.
ok thanks, ***** ***** are right and they are in breach of contract you can sue them in breach of contract for your losses under the contract. This might not be desirable in the event you want or need to maintain a relationship I think it is important you tell them that you have this information and ask them to respond to it. If they admit it then you can threaten to sue them for your losses or ask for some money back. Potentially it also will give you grounds to treat the contract as void. If you have any further specific questions about this then please do let me know.
Customer: replied 2 years ago.
Many thanks, ***** ***** that was the case but wanted to check if it would stand up legally.
Really helpful.
No problem, if you have any further questions please ask otherwise I would be grateful if you would please take the time to rate my answer before leaving the site. Thank you and all the best.
Hello is there anything further you would like to know?
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