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Force Majeure Clause Invoked — scope creep with no amendment

Started by just_curious_freelancer_question · Mar 21, 2025 · 953 views · 5 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
JC
just_curious_freelancer_question OP

Looking for advice on a legal issue. Here's what happened.

scope creep with no amendment. I've been dealing with this for about 8 months now and the situation isn't improving.

The contract was signed 13 months ago. I have a copy of the original agreement. The total amount in dispute is approximately $76,000.

Has anyone been through something similar? What worked for you?

TL
Mod_TermsLaw Moderator

Attorney here. Here's my take on the legal issues.

Based on what you've described, you likely have a viable claim under the implied covenant of good faith. The standard is whether a reasonable person would find the conduct commercially reasonable.

The practical consideration here is cost vs. potential recovery. For disputes under $10K, small claims court is often the best route.

IG
InsuranceGuy_FL

Not a lawyer, but I have direct experience with this.

The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.

SA
seeking_advice_contractor_IL

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

EA
EstatePlanner_AZ

I've seen this play out several times in my field.

In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency.

FB
frustrated_buyer_help

NAL, but from what I've read, you should check your state's specific laws. That said, definitely get a lawyer to look at the specifics.

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