Legal Question in Civil Litigation in California
Aviation Medical Consulting Service Contract
Earlier this year I entered into a contract with an Oklahoma company to provide me with advice and services to process an aviation Medical Certificate application with the FAA. Fees were requested at the start each of three phases. I promptly paid for the first two phases which involved gathering information and submitting my request. They are now demanding payment for the Third Phase, defined as ''on-going'' services, for which no services have been provided as I was granted an unconditional Medical Certificate after Phase II. The contract for Phase III States ''a third payment of $500 may be required for...on-going FAA Requirements''.
The services for Phase III have not been rendered (nor will they be required). In addition, the contract used the word ''May'' instead of will. As such, am I still liable for this fee? Can I ignore their demand? If not, should I seek legal advice or will it be less expensive for me to simply pay their demand?
Thanks,
--name removed---, California
4 Answers from Attorneys
Re: Aviation Medical Consulting Service Contract
Why don't you write to them and ask them to specify what on-going FAA requirements they will be providing services for? If there are no services, you probably do not have to pay unless the contract has something in it you didn't mention.
Re: Aviation Medical Consulting Service Contract
It is not clear, but do you believe that you did not agree to pay them three payments, except on conditions of further costs or work, or was the total contract price the total of the three payments? You can work out what you intended. If you did not intend that, you probably don't owe the additional payment. If it's under $5,000.00 they will probably take you to small claims court and you and they can represent youselves. Good luck.
Re: Aviation Medical Consulting Service Contract
Write them essentially the same letter as your posting here, and take the position they have been paid for all services rendered, and that phase 3 wasn't provided you. You might send a copy of the letter to the FAA later if the company doesn't drop the matter now. If they sue you it would be in Small Claims, and you can show your documentation, contract, checks, and this letter in defense. Document everything in writing.
Re: Aviation Medical Consulting Service Contract
Follow up. You may want to send a copy of the letter to FAA immediately, as the company probably has 'approval' from FAA to do these services. Your complaint/response might keep them from pursuing you at all in order to avoid FAA inquiry.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
