I've been trying to resolve this on my own but I'm stuck.
vendor missed delivery deadline. I've been dealing with this for about 5 weeks 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 $36,000.
Should I hire a lawyer for this or try to handle it myself?
I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.
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.
Been there. Here's what I learned.
What worked for me was having everything documented. It took 3-6 months but was worth it.
Licensed attorney — a few thoughts. Here's my take on the legal issues.
The key question is whether the applicable statute of limitations has run. Depending on your jurisdiction, you typically have UCC Article 2 years for this type of claim.
You should consult with a local attorney who handles these cases. Many offer free initial consultations.
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.
NAL, but from what I've read, you should document everything. That said, definitely get a lawyer to look at the specifics.
Not a lawyer, but I have direct experience with this.
In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency.
I've seen this play out several times in my field.
In my case, it took about 1-3 months to resolve. The key was escalating to a supervisor/manager.
I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.
I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.
NAL, but from what I've read, you should file a complaint. That said, definitely get a lawyer to look at the specifics.
Have you tried reaching out to your state's bar association? They sometimes have free resources or mediation services.
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.
I went through almost the exact same thing.
In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency.
Not a lawyer, but I have direct experience with this.
What worked for me was filing with the appropriate government agency. It took 4-8 months but was worth it.
Have you tried reaching out to your state's legal aid society? They sometimes have free resources or mediation services.
Following this thread — I'm in a very similar situation. Would love to hear how it turns out.
Have you tried reaching out to your state's labor board? They sometimes have free resources or mediation services.
Contract attorney here. Limitation of liability clauses are generally enforceable, but they are not bulletproof. When a vendor misses a delivery deadline, the enforceability of the LoL clause depends on several factors that courts examine carefully.
Key questions to analyze:
Practically speaking, if the vendor LoL clause caps damages at the contract price or some fraction of it, you should calculate your actual losses and compare them to the cap. If the gap is significant, it may be worth litigating the enforceability of the clause. Courts apply a reasonableness test, and a cap that is grossly disproportionate to foreseeable losses may be struck down as unconscionable.
Before filing suit, send a detailed demand letter quantifying your damages and citing the specific contract provisions the vendor breached. Many vendors will negotiate a settlement above the LoL cap rather than risk a court finding that the clause is unenforceable, which would expose them to full damages.