📋 Overview

You have received a demand letter from a client claiming you breached a catering contract for their wedding or event. These claims often arise from subjective quality complaints, service timing issues, or menu disputes. As a caterer, you have significant contract-based defenses, especially if your agreement included clear scope limitations, cancellation policies, and liability caps.

🕒 Respond Promptly

Acknowledge receipt within 5-7 days. A professional response protects your reputation and legal position.

📄 Review Your Contract

Your catering agreement likely contains limitation of liability clauses, scope definitions, and dispute procedures.

📷 Document Everything

Gather photos, staff statements, receipts, and all communications to build your defense.

Common Catering Claim Types

  • Food quality complaints - Taste, temperature, or presentation dissatisfaction
  • Quantity disputes - Claims of insufficient portions or running out of food
  • Late arrival or service timing - Delayed setup or service disruption
  • Menu deviations - Items substituted or missing from contracted menu
  • Staff conduct - Professionalism or service quality complaints
  • Cancellation refund demands - Clients seeking deposit returns after canceling

Attorney Services Pricing

  • 📄 Demand letter: Flat fee $450
  • ⏱ Extended negotiation: $240/hr
  • 📊 Contingency: 33-40% for strong claims

🔍 Evaluate the Claim

Before responding, assess the validity of the claim and your potential exposure. Not all complaints warrant full refunds, and many can be addressed with partial remedies or clarification.

Claim Risk Assessment

Claim Type Typical Exposure Defense Strength
Complete no-show by caterer Full refund + consequential damages possible WEAK
Major menu substitutions without notice Partial refund proportional to deviation MODERATE
Subjective quality complaints (taste) Generally defensible with documentation STRONG
Late arrival (30+ minutes) Discount or partial refund appropriate MODERATE
Food safety/illness claims Significant if documented; insurance claim WEAK without records
Client cancellation seeking refund Contract terms usually control STRONG

📄 Contract Review

  • ✓Scope of services defined
  • ✓Limitation of liability clause
  • ✓Force majeure provision
  • ✓Cancellation policy terms

📷 Evidence to Gather

  • ✓Photos of food and setup
  • ✓Staff arrival and departure logs
  • ✓Temperature monitoring records
  • ✓Client communication history

⚠ Insurance Notification

If the claim involves food safety, illness, or amounts exceeding $10,000, notify your business liability insurance carrier immediately. Many policies require prompt notification and may provide defense coverage.

🛡 Your Defenses

Catering contracts typically include protective provisions. Identify which defenses apply to your situation.

Contract Scope Limitations

Your contract defines exactly what services you agreed to provide. If the complaint concerns items outside the contracted scope or expectations beyond what was agreed, the contract language protects you.

When to use: Client demands items not in the signed contract or complains about services you never agreed to provide.

Force Majeure

Events beyond your control - natural disasters, venue closures, government orders, pandemics - may excuse performance or justify modifications. If force majeure prevented full performance, you are not liable for breach.

When to use: External circumstances made performance impossible or impractical (weather, power outage, venue emergency).

Client-Caused Delays or Interference

If the client changed requirements last-minute, failed to provide necessary access, or interfered with your service, their conduct contributed to any shortcomings. This reduces or eliminates your liability.

When to use: Client changed guest count day-of, restricted kitchen access, or made late menu changes.

Substantial Performance

If you provided substantially all contracted services with only minor deviations, courts recognize substantial performance as fulfillment. Minor imperfections do not justify full refund demands.

When to use: 90%+ of services delivered as contracted; complaints are about minor details.

Limitation of Liability / Damages Cap

Most catering contracts cap liability at the contract price and exclude consequential damages (ruined event, emotional distress). These provisions are generally enforceable and limit your exposure.

When to use: Client seeks damages beyond the contract amount or claims emotional distress.

Cancellation Policy Enforcement

If the client canceled, your contract's cancellation policy governs refunds. Retaining deposits for cancellations is standard and enforceable when the policy was clearly disclosed.

When to use: Client canceled and now demands return of non-refundable deposits.

🚨 Weak Defense Situations

  • Complete failure to show up or provide any service
  • Food safety violations with documented illness
  • Major substitutions without any client notification
  • No written contract documenting terms

⚖ Response Options

Choose your response strategy based on claim validity and your business interests.

Deny with Documentation

If you have strong evidence of performance, deny the claim with a detailed response citing contract terms and supporting documentation.

  • Cite specific contract provisions
  • Attach photos and records
  • Professional and factual tone

Partial Settlement Offer

If some complaints have merit, offer a reasonable partial refund or credit toward future services while denying broader claims.

  • Limits reputation damage
  • Avoids litigation costs
  • Maintains client goodwill

Full Settlement

If the claim is valid and exposure is significant, consider settling to avoid litigation costs and negative publicity.

  • Quick resolution
  • NDA can protect reputation
  • Certainty over litigation risk

Counterclaim for Balance Due

If the client has unpaid balances, respond with a counterclaim while addressing their complaints. This creates negotiation leverage.

  • Recover unpaid amounts
  • Balance claim leverage
  • Often leads to mutual walkaway

📊 Response Cost-Benefit Analysis

Example: $8,000 catering contract dispute

Original contract value$8,000
Client's demand (full refund)$8,000
Your cost of goods/labor$4,500
Legal defense costs (if sued)$3,000-8,000
Reputation/review damage valueVariable
CONSIDER SETTLEMENT IF:Claim has merit

📝 Sample Responses

Customize these response templates for your situation.

Denial - Contract Scope Defense
RE: Your Letter Dated [DATE] Regarding [EVENT NAME] Catering We have reviewed your demand letter regarding catering services for [EVENT NAME] on [DATE]. We respectfully deny your claims of breach. Our review of the signed Catering Agreement dated [DATE] confirms that we fully performed all contracted services. Specifically: 1. MENU: We provided all menu items specified in Exhibit A of the Agreement. [List items delivered as contracted] 2. SERVICE: Our staff arrived at [TIME], as documented by our sign-in log, and provided service through [END TIME] per the Agreement. 3. QUANTITY: We prepared food for [NUMBER] guests as specified in your final guest count submitted on [DATE]. Your complaint regarding [specific complaint] concerns matters outside the scope of our Agreement. Section [X] of the Agreement specifically provides that [quote relevant limitation]. We have attached photographs of our setup and food presentation, staff timesheets, and your signed final event worksheet confirming these arrangements. As we have fully performed under the Agreement, no refund is due. We consider this matter closed.
Partial Settlement Offer
RE: [EVENT NAME] Catering Services - Settlement Proposal We have carefully reviewed your concerns regarding our catering services for [EVENT] on [DATE]. While we believe we substantially performed our contractual obligations, we acknowledge that [specific minor issue, e.g., "the appetizer service was delayed approximately 20 minutes due to kitchen timing"]. We regret any inconvenience this caused. In the interest of maintaining goodwill and resolving this matter promptly, we offer the following: - Refund of $[AMOUNT], representing [X%] of the contract price as a gesture of goodwill This offer is made without admission of liability and is contingent upon your execution of a mutual release. This offer remains open for 14 days. We do not agree with your characterization of our services or the full refund demand, and we are prepared to defend our position if necessary. However, we believe this resolution is fair and allows both parties to move forward. Please confirm your acceptance by [DATE].
Force Majeure Defense
RE: Catering Services for [EVENT] - Force Majeure Response We acknowledge receipt of your letter demanding a refund for catering services contracted for [DATE]. As you are aware, performance was affected by [describe force majeure event: e.g., "a power outage at the venue lasting from 3:00 PM to 6:00 PM" / "mandatory evacuation order" / "venue closure"]. This event was entirely beyond our control. Section [X] of our Catering Agreement contains a force majeure provision stating: "[Quote force majeure clause]." Under this provision, neither party is liable for failure to perform obligations when performance is prevented by circumstances beyond reasonable control. The [force majeure event] qualifies under this provision. Despite these circumstances, we [describe what you did: "provided cold appetizers and salads that did not require heating" / "offered to reschedule at no additional cost" / "refunded the hot entree portion of the contract"]. We have fulfilled our obligations under the force majeure provision and no additional refund is due. We remain willing to discuss reasonable accommodations but cannot accept liability for events beyond our control.
Cancellation Policy Defense
RE: Demand for Return of Deposit - [EVENT] We have received your demand for return of the $[AMOUNT] deposit for catering services that were scheduled for [DATE]. You canceled this event on [CANCELLATION DATE], which was [X] days before the scheduled event. Our Catering Agreement, which you signed on [DATE], contains the following cancellation policy at Section [X]: "[Quote cancellation policy, e.g., "Cancellations within 30 days of the event forfeit 100% of the deposit. Cancellations 30-60 days prior forfeit 50% of the deposit."]" This policy was clearly disclosed before you signed the Agreement, and you initialed the cancellation terms on page [X]. Based on your cancellation date, the deposit is [non-refundable / partially refundable in the amount of $X] per the terms you agreed to. These funds cover our actual damages including food ordered, staff scheduling, and the lost opportunity to book another event for that date. We will process a refund of $[AMOUNT IF ANY] within 10 business days, representing the refundable portion under the policy. The remaining deposit is retained per the Agreement terms.

🚀 Next Steps

After receiving a catering breach claim, take these actions.

Step 1: Preserve Evidence

Gather all photos, records, communications, and staff statements immediately.

Step 2: Review Contract

Identify all protective provisions: scope, limitations, force majeure, cancellation terms.

Step 3: Assess Validity

Honestly evaluate whether any complaints have merit requiring partial remedy.

Step 4: Respond in Writing

Send a professional response within 10-14 days addressing each claim specifically.

If Lawsuit Is Filed

  • Small claims threshold - Most states allow $5,000-$12,500; verify your state's limit
  • Respond within deadline - Typically 20-30 days from service to file answer
  • Bring documentation - Contract, photos, communications, staff statements
  • Consider counterclaim - If client owes balance, file counterclaim

Get Professional Help

Catering disputes require careful contract analysis. Get a professional response on attorney letterhead.

Schedule Consultation - $450

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