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Breach of Contract — LGBTQ+

Started by need_help_buyer_NY · Jul 25, 2023 · 2,567 views · 2 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
NH
need_help_buyer_NY OP

Has anyone dealt with something like this? I'm not sure what my options are.

scope creep with no amendment. I've been dealing with this for about 3 months now and the situation isn't improving.

The contract was signed 5 months ago. I have a copy of the original agreement. The total amount in dispute is approximately $146,000.

Am I overthinking this or is this a real legal issue worth pursuing?

FT
first_time_creator_NY

Have you tried reaching out to your state's bar association? They sometimes have free resources or mediation services.

PM
ProjectMgr_15yrs

Project manager with 15 years of experience here. Scope creep without a formal change order or contract amendment is one of the most common disputes in services contracts, and at 146K you need to take this seriously.

The good news is that even without a written amendment, you may still have legal grounds to recover for the additional work. The doctrine of quantum meruit allows you to recover the reasonable value of services provided, even if they were not covered by the original contract. If the client requested additional work, accepted the deliverables, and benefited from them, courts generally will not let them keep the benefit without paying for it.

The key evidence you need is documentation of the scope changes. Pull together all emails, Slack messages, meeting notes, project management tool records (Jira tickets, Asana tasks, etc.), and any other communications where the client requested work outside the original scope. Even informal requests like asking you to add a feature that was not in the SOW count as evidence of an implied contract modification.

Going forward, my strongest advice is to implement a change order process. Every time a client requests something outside the original scope, respond in writing with something like: This request falls outside our current agreement. I estimate it will require X hours at /hour for a total of . Please confirm in writing that you approve this additional work. This creates a paper trail and forces the client to consciously approve additional costs.

For the current dispute, send a detailed accounting of all work performed outside the original scope, with references to the specific client requests that triggered each item. Attach this to a formal demand letter. At 146K, most clients will negotiate rather than risk litigation, especially if your documentation is strong.