When your wedding or event caterer cancels, provides substandard food, or fails to perform as promised, use this playbook to recover your deposits and damages through demand letters and small claims court.
Common Catering Contract Disputes
Dispute Type
Typical Deposit Range
Recovery Likelihood
Caterer cancels or no-shows
$1,500 - $15,000
High - full refund plus replacement costs
Food quality significantly below standard
$2,000 - $10,000
Medium-High - documentation critical
Wrong menu served or missing items
$500 - $5,000
Medium - partial refund typical
Insufficient quantity for guest count
$1,000 - $4,000
Medium-High - contract terms matter
Food safety issues or illness
$3,000 - $25,000+
High - may include medical costs
Why demand letters work
Caterers rely heavily on reviews and word-of-mouth referrals.
Letters create a legal record for small claims court.
Most disputes settle once caterers realize you understand your rights.
Health department complaints add significant leverage.
Realistic expectations
Full refunds are common when the caterer no-shows or cancels.
Partial refunds for quality issues depend on documentation.
Replacement costs are recoverable as consequential damages.
Recovery may take 30-90 days through demand and negotiation.
Document immediately: Take photos of all food served, collect guest statements, and preserve any leftover food if there are safety concerns. Evidence deteriorates quickly in catering disputes.
Legal Framework for Catering Contracts
Contract Law Principles
Material breach: If the caterer fails to provide food as promised (no-show, wrong menu, unsafe food), you can rescind the contract and recover all payments plus consequential damages.
Substantial performance: Minor deviations may not justify full refund, but you can recover the difference in value between what was promised and delivered.
Mitigation duty: You must take reasonable steps to minimize damages, such as ordering emergency food delivery if the caterer no-shows.
Types of Recoverable Damages
Direct damages: Return of deposit and any payments made for services not rendered.
Consequential damages: Cost of replacement catering, emergency food orders, and related expenses.
Incidental damages: Phone calls, transportation, and efforts to find replacement services.
Medical costs: If guests became ill due to food safety issues.
Food Safety and Health Regulations
Commercial caterers must comply with state and local health codes.
Food poisoning incidents should be reported to the health department.
Health code violations strengthen your claim and may trigger inspections.
Some states require caterers to maintain liability insurance.
Small Claims Court Thresholds
State
Small Claims Limit
Filing Fee
California
$12,500
$30 - $75
Texas
$20,000
$50 - $100
New York
$10,000
$15 - $20
Florida
$8,000
$50 - $300
Illinois
$10,000
$50 - $150
Consumer protection statutes: Many states have unfair and deceptive practices acts that provide additional remedies including attorney fees and multiple damages for willful violations by caterers.
Documentation Checklist
Contract Documents
Signed catering contract with all pages.
Menu selections and tastings documentation.
Guest count and per-person pricing.
Any changes or amendments to the original agreement.
Payment Records
Deposit receipts and confirmation emails.
Credit card or bank statements showing payments.
Payment schedule from contract.
Receipts for any replacement food purchased.
Performance Evidence
Photos and videos of food as served (compared to what was promised).
Photos of empty trays, insufficient quantities, or quality issues.
Guest statements about food quality, taste, or illness.
Records from any health department complaints or investigations.
Medical records if guests became ill from the food.
Communication Evidence
All emails between you and the caterer.
Text messages and phone call notes.
The caterer's cancellation notice if applicable.
Your complaints and their responses.
Any offers to resolve or refund made by the caterer.
Preserve food samples: If you suspect food safety issues, refrigerate samples in sealed containers and photograph them with timestamps. This evidence may be critical if guests report illness.
Demand Letter Strategy
Tone and Approach
Be professional and factual. Emotional language weakens your position.
Describe specifically how the catering failed to meet contract standards.
Quantify all damages with documentation references.
Set a clear deadline (typically 10-14 days) for response.
Key Letter Sections
Introduction: Identify yourself, the caterer, the contract date, and the event date.
Factual background: Chronological summary of booking, payments, menu selections, and what went wrong.
Contract breach: Cite specific provisions violated and explain how the caterer failed to perform.
Damages calculation: Itemize deposit, replacement costs, and any other losses.
Demand: State the exact dollar amount you are demanding and the deadline for payment.
Consequences: Explain you will file in small claims court and report to health department if applicable.
Leverage Points
Health department complaints for food safety issues.
Reviews on wedding websites like The Knot, WeddingWire, and Yelp.
Better Business Bureau complaints.
State licensing board complaints if the caterer is licensed.
Health issues require prompt action: If guests became ill, report to the health department immediately. Document all medical visits and preserve evidence. Time-sensitive reporting requirements may apply.
Sample Catering Contract Breach Demand Letter
[Date]
Via Certified Mail and Email
[Caterer Owner Name]
[Catering Company Name]
[Address]
[City, State ZIP]
Re: Demand for Refund - Catering Contract Breach
Contract Date: [Date]
Event Date: [Wedding/Event Date]
Amount Due: $[Amount]
Dear [Caterer Owner Name]:
I am writing to demand the immediate return of $[Amount] paid to [Catering Company Name] for catering services for my [wedding reception/event] held on [Event Date].
BACKGROUND
On [Contract Date], I entered into a catering contract with [Catering Company Name] for [describe services: full-service catering for 150 guests, including passed appetizers, plated dinner, and dessert station]. I paid a deposit of $[Deposit Amount] on [Payment Date] and a final payment of $[Final Amount] on [Payment Date], for a total of $[Total Amount].
The contract specified [key terms: specific menu items, service style, number of servers, timing of service].
BREACH OF CONTRACT
[Choose applicable scenario:]
NO-SHOW/CANCELLATION: On [Date], your company [failed to appear / cancelled with insufficient notice]. This total failure to perform constitutes a material breach entitling me to full refund of all amounts paid plus consequential damages.
QUALITY FAILURE: The food and service provided fell materially below the standards promised in our contract:
- [Specific issue 1: e.g., "The prime rib was served cold and overcooked"]
- [Specific issue 2: e.g., "Only 100 portions were provided for 150 guests"]
- [Specific issue 3: e.g., "Two servers arrived instead of the contracted five"]
- [Specific issue 4: e.g., "Appetizers were never served"]
FOOD SAFETY: Multiple guests became ill following the event. [Number] guests reported symptoms consistent with foodborne illness within [timeframe]. I have reported this matter to the [County] Health Department.
DAMAGES
I am entitled to the following damages:
1. Deposit and payments made: $[Amount]
2. Emergency replacement food costs: $[Amount]
3. [Additional items as applicable]
TOTAL DAMAGES: $[Amount]
DEMAND
I demand that you pay $[Amount] within fourteen (14) days of this letter. Payment should be made by [check mailed to address / refund to original payment method].
If I do not receive full payment by [Deadline Date], I will:
1. File a claim in [County] Small Claims Court seeking damages plus filing costs;
2. Report this matter to the [County] Health Department [if not already done];
3. File a complaint with the Better Business Bureau; and
4. Post truthful reviews of my experience on wedding planning websites.
I have attached copies of the signed contract, payment receipts, photographs of the food served, and guest statements. I remain willing to resolve this matter without litigation if you act promptly.
Sincerely,
[Your Name]
[Your Address]
[Your Email]
[Your Phone]
Enclosures:
- Catering Contract dated [Date]
- Payment receipts totaling $[Amount]
- Photographs of food served
- Guest statements regarding quality/illness
- Replacement food receipts
Yes. Report food safety concerns to the health department immediately, regardless of whether you plan to send a demand letter. Health department reports are time-sensitive and create official documentation that strengthens your claim. Mention the report in your demand letter.
Yes. Emergency replacement food costs are recoverable as consequential damages when a caterer breaches. Keep all receipts and document that these costs were necessary to mitigate your damages. The caterer is responsible for the reasonable cost of replacement food.
Attorney Services & Contact
Catering Dispute Resolution
I represent clients seeking to recover deposits and damages from caterers who cancelled, no-showed, or provided substandard services for weddings and events.
Email owner@terms.law or use Calendly for a paid strategy session.