Legal Question in Business Law in New Mexico

Implied Contractual Obligations

Our landscape company aerated last year and never requested compensation. Their written contract does not state whether they do or do not aerate as a standard service. However, we feel that their ACTIONS implied that this service is included. Recently, they submitted a proposed cost for aerating this season. Didn't they already set a precedence that aeration is included in their yearly service by their previous actions? Failure to aerate this year seems like a breach of contract.


Asked on 4/09/09, 12:05 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Implied Contractual Obligations

If the written contract does not provide for aeration, then they are not obligated to provide that service. The fact that they did so on one occasion without charge does not legally alter their legal obligations under the contract you have described.

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Answered on 4/09/09, 1:05 pm


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