Legal Question in Business Law in Nevada

On time delivery

What remedy do I have against a door company that took my cash deposit on a 10 day special order which it didn't deliver on time or accurately. I finally picked up my special order after 5 weeks, only to determine that one of my special doors is wrong. The client is threatening not to pay me for not completeing the job on time. It is 100% the door company's repeated negligence that has caused this delay of completion. When/if I am not paid in full, is the door company responsible for the mitigating damages? Am I entitled to compensation for the damage to my reputation? Can I buy the new door from another company and charge the bad door company? Please advise on this matter, I am lost and looking at a big financial loss. Please help me.

--name removed--Brown


Asked on 6/03/04, 2:07 am

2 Answers from Attorneys
Joel Selik www.SelikLaw.com

Re: On time delivery

Two different causes of action here: one against the customer who refuses to pay (unless the contract provides a penalty for late performance); second against supplier. Is there a written contract with supplier? What does it say about late performance and non-performance, if anything? You only have a cause of action against the supplier for loss to reputation if: (1) late and poor performance were stated as part of the contract resulting in harm to client's reputation and the supplier agreed to such (note, however, most supply contracts have clause that eliminates consequential damages, and, (2) you can calculate the damages to reputation.

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Answered on 6/03/04, 11:16 am
Joel Selik www.SelikLaw.com

Re: On time delivery

Two different causes of action here: one against the customer who refuses to pay (unless the contract provides a penalty for late performance); second against supplier. Is there a written contract with supplier? What does it say about late performance and non-performance, if anything? You only have a cause of action against the supplier for loss to reputation if: (1) late and poor performance were stated as part of the contract resulting in harm to client's reputation and the supplier agreed to such (note, however, most supply contracts have clause that eliminates consequential damages, and, (2) you can calculate the damages to reputation.

Otherwise, the damages would be limited to the cost of the door, and, perhaps, some other consequential damages that were reasonably forseable.

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Answered on 6/03/04, 11:18 am


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