Legal Question in Business Law in Arizona

Breach of contract

I own a marketing firm and had a year contract with an organization. After the group's large event, they cancelled my contract thereby avoiding the double payment due at the end of the contract. My firm got this organization over 200 articles in the newspaper and their big event saw a 20% increase in attendance. When I spoke with their executive director about my termination she said it ''made her sick to her stomach''. (the president of the board and a board member terminated my firm). I am trying to evaluate the odds I will prevail in an arbitration hearing. Also would I be liable for their legal fees if I would lose at arbitration?


Asked on 1/07/03, 11:36 am

1 Answer from Attorneys
Robert Lord Berens, Kozub & Lord PLC

Re: Breach of contract

The strenght of your claim depends in large part on the wording of your contract. At a minimum, however, it seems that the organization may have breached the implied covenant of good faith and fair dealing. As for attorneys' fees, an arbitration panel only can award them if the contract so provides. A court, however, can award them in any contract case. Does your contract have an arbitration clause? If it does not, it may be difficult for you to get the organization to agree to arbitration.

It sounds like this organization really took advantage here, and it would be well worth exploring what your options are. Feel free to call me in my office if I can be of any assistance.

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Answered on 1/08/03, 12:25 am


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