Yeah has anyone dealt with something like this? I'm not sure what my options are.
financial advisor churning account. I've been dealing with this for about 13 weeks now and the situation isn't improving.
I have already tried to resolve this directly but the other party is not cooperating.
Do I have a strong case? What should my next steps be?
NAL, but from what I've read, you should document everything. Take the above with a huge disclaimer that I'm just some person on the internet.
Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.
Liquidated damages clauses need to be a reasonable estimate of actual damages at the time the contract was signed. If the amount is disproportionate to actual harm, courts will often strike it as an unenforceable penalty.
Did you send a formal breach notice? Most contracts require this before litigation.
Check if there's a choice of law provision. That determines which state's law applies.