Legal Question in Civil Litigation in California
can I sue or collect damges exceeding debt
I nown a Staging and Home Design firm in San Diego,CA.
I staged a very expensive home for a client at the cost of 17k for 3mos. Payment is normally 75% up front & remainder upon completion. Because of the dynamics of making the deal work , I agreed to 10% up front with the balance due when the staging was completed.
I recieved the initial 10% at the start. The staging was completed and the funds were not forthcoming in the agreed manner. I was forced to borrow funds and delay payment to employees and hired services as well as the cost of materials to perform duties. Following this I was informed that the home would be taken off market due to high costs and inability to fund the cost of selling the home. What is the proper course of action with this client and how shall I estimate the damages?
3 Answers from Attorneys
Re: can I sue or collect damges exceeding debt
You may sue for consequential damages due to a breach of a contract if the additional damages were forseeable to the breaching party as a consequence of the breach. Call me directly at 16192223504.
Re: can I sue or collect damges exceeding debt
Your damages are the amount due under the contract plus any reasonably foreseeable costs you had to bear as a result of the client's breach. You should calculate this amount and demand it, in writing and by a specific date, from the client. If the client doesn't pay up, sue him.
Such demand letters are often more effective when they come from a lawyer. Feel free to contact me directly if you are interested in having me write the letter for you.
Re: can I sue or collect damges exceeding debt
You probably have a claim for the balance. We would have to review your contract and any correspondence between you and them. Did your customer indicate to you in writing why he would not pay? Please contact me if you have any questions.
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