Legal Question in Business Law in California

Order Shipped Late

I am a contractor. I specifically asked a company that I needed a drill which costs $3000 to be delivered by June 6 or else I would lose $10,000 on the job. The shipper ships the product late. How much money can I sue them for. The entire 13,000 or 10,000, since I received the drill?


Asked on 7/14/09, 12:29 pm

2 Answers from Attorneys
Cathy Cowin Law Offices of Cathy Cowin

Re: Order Shipped Late

Perhaps $10,000 less the $3,000 value of the drill, which would be fair. The questions back atcha are (a) what documents do you have from the drill company and (b) what evidence do you have regarding your communications with them. Question (a): Check the contract/invoice for exculpatory language that would invalidate your claim (or at least make it difficult to pursue). Question (b): helps you evaluate how easy your claim is to prove. Either way, you're looking at small claims court unless there is a reason that your damages number should be increased.

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Answered on 7/14/09, 3:54 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Order Shipped Late

You may be able to sue for the $10,000, though I would need more facts before I could say whether your claim has merit.

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Answered on 7/14/09, 3:00 pm


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