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Force Majeure Clause Invoked — scope creep with no amendment

Started by worried_driver_help · Jun 28, 2023 · 3,090 views · 10 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
WD
worried_driver_help OP

I've been trying to resolve this on my own but I'm stuck.

scope creep with no amendment. I've been dealing with this for about 10 weeks now and the situation isn't improving.

The contract was signed 22 months ago. I am not sure I have the original signed copy. The total amount in dispute is approximately $2,000.

Do I have a strong case? What should my next steps be?

TR
TruckerRights_OH

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

In my case, it took about 3-6 months to resolve. The key was having everything documented.

NT
newbie_tenant_NC

NAL, but from what I've read, you should document everything. That said, definitely get a lawyer to look at the specifics.

TL
Mod_TermsLaw Moderator

Licensed attorney — a few thoughts. Here's my take on the legal issues.

Based on what you've described, you likely have a viable claim under UCC Article 2. The standard is whether a reasonable person would find the conduct a material breach.

I'd recommend documenting everything in writing from this point forward. Keep copies of all communications.

IG
InsuranceGuy_FL

I went through almost the exact same thing.

I ended up escalating to a supervisor/manager, which cost about $1-3 but saved me a lot more in the long run.

RM
RestaurantOwner_Miami

I went through almost the exact same thing.

What worked for me was filing with the appropriate government agency. It took 4-8 months but was worth it.

SM
SeniorDevMike_PDX

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

The biggest mistake people make in this situation is having everything documented. I'd recommend keeping a detailed timeline instead.

ES
eComm_Seller_2022

I went through almost the exact same thing.

What worked for me was having everything documented. It took 3-6 months but was worth it.

CA
ConsumerAdvocate

I went through almost the exact same thing.

The biggest mistake people make in this situation is filing with the appropriate government agency. I'd recommend gathering evidence first instead.

PN
Photographer_NYC

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

What worked for me was escalating to a supervisor/manager. It took 1-3 months but was worth it.

DB
desperate_buyer_CO

NAL, but from what I've read, you should file a complaint. That said, definitely get a lawyer to look at the specifics.

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