Legal Question in Business Law in Florida

Business Malpractice

My company entered into a contract with another company (Vendor) for the production and installation of a sign. The vendor took the deposit, cashed it and stated that it would take 8 to 10 weeks. It has now been 8 months. The vendor has stated that they can not give me money back because materials and work has already been done and they are in financial troubles. Since the month of May the vendor has been ''stringing'' us along with the promise that it will be done each week. Can I sue them not only for my deposit back but also for malpractice? I have lost scores of opportunities and my customers have been inconvenienced because of their unethical and egregious practices.


Asked on 10/08/07, 10:33 am

2 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Business Malpractice

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

While you can certainly sue them on various legal theories including breach of contract, there is no such action of business malpractice. If you plan to sue, do it before they file for bankruptcy and you end up with nothing.

Scott R. Jay, Esq.

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Answered on 10/09/07, 1:11 am
Barry Kaufman The Law Office of Barry W. Kaufman

Re: Business Malpractice

There's no such thing as vendor malpractice.

You can sue him for your money. You MIGHT be able to sue him for lost business, but that would be a dificult thing to prove. Sue him for the deposit. Whether you'll get your money is another question.

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Answered on 10/08/07, 12:44 pm


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