Legal Question in Business Law in Wisconsin

''Breech of contract''

We entered into a service contract with our waste hauler on 1-1-02 to pick-up our waste and recyclable material. In the process of negotitaions, we negotiated that thier will be ''NO'' fuel surcharges that we will have to pay. The account manager from the waste hauler hand wrote this in the special instructions of our agreement together. Our past 12 months of invoices reflect that our waste hauler has been charging us fuel surcharges every single month. Is this a breech of contract and does it make our contract null and void? Or do they just have to credit us for the error. We are not happy with our hauler and would like to break our contract if a breech is in effect.

Thank you in advance for your help.


Asked on 1/15/03, 4:53 pm

1 Answer from Attorneys
Thomas Schober Schober Schober & Mitchell, S.C.

Re: ''Breech of contract''

First, any opinion on your question would be subject to actually reading your contract. Generally, the hauler would not be in breach, unless he failed to perform under the contract. Thus, since he is performing, he is probably not in breach. His overcharging should be challenged, and you are correct, you should be getting a credit, based upon the fact that such surcharges are prohibited by the contract.

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Answered on 1/16/03, 12:01 pm


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