Legal Question in Civil Litigation in Minnesota
Legal Standard for breach
What standard needs to be applied to determine if a party breached a contract in which they had a certain general responsibility, for example, the responsibility to provide ''project management''. My company is a supplier of computer services, and agreed to provide certain services at a fixed cost, the other party agreed to provide project management. Our position is that they failed to do so, resulting in a significant cost to us. What standard would they be held to in providing that type of service?
1 Answer from Attorneys
Re: Legal Standard for breach
This is difficult to answer without knowing more about the facts and seeing your contract. However, the situation is analogous to a construction project where the general contractor has the duty to coordinate the work of the various subcontractors to ensure that they don't interfere with each other, and to run interference with the owner (in your case, presumably the ultimate customer for the computer services) so that the owner makes decisions on a timely basis and provides the necessary information. A party who is the "project manager" (analogous to a construction manager in construction cases) has similar duties if the other contractors/service providers are relying on him/her to provide coordination of the work effort.
Depending on what the contract says, if the subcontractors are harmed financially by the project manager's failure to carry out his/her coordination duties, the project manager may be liable to the subs for the losses they suffer.
Hope that is some help to you. Please let me know if I can be of further assistance. In any event, good luck to you!
Standard CYA language: We do not at this time have an attorney/client relationship. The indormation provided above is a generalized response based on the limited facts presented, and should not be considered legal advice. Depending on the facts, the legal implications could be significantly different than what is discussed above.