Wedding Day Florist help!

[IdiotSavabte]

What is the name of your state (only U.S. law)? CA

Hello there! Here's what's going on: MY Y wife and I got married on March 1st, 2010. There was a mix up with the final check ($400), so the florist asked that we bring the final check to the wedding. Well, the work that she did was VERY poor, and my wife was so unhappy with it that she put a stop payment on the check.

Now, I'm pretty sure I know the answer but I had to ask anyway. She signed a contract with the florist for $1500, which includes the $400 that wasn't paid. Now because we signed a contract, even though the work was crap, we're still legally obligated to pay her the $400, right? If the florist takes us to court, we will lose because we signed a contract. Even though the services that we signed for weren't provided, we're still dead to rights?

We should have paid them and THEN sued right?

Thanks for your time.

-Jon

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? CA

Hello there! Here's what's going on: MY Y wife and I got married on March 1st, 2010. There was a mix up with the final check ($400), so the florist asked that we bring the final check to the wedding. Well, the work that she did was VERY poor, and my wife was so unhappy with it that she put a stop payment on the check.

Now, I'm pretty sure I know the answer but I had to ask anyway. She signed a contract with the florist for $1500, which includes the $400 that wasn't paid. Now because we signed a contract, even though the work was crap, we're still legally obligated to pay her the $400, right? If the florist takes us to court, we will lose because we signed a contract. Even though the services that we signed for weren't provided, we're still dead to rights?

We should have paid them and THEN sued right?

Thanks for your time.

-Jon

If you get sued, you can counter-sue for the damages you are claiming. You will have to prove to the court that the florist breached the contract, and provided inferior flowers when better flowers were contracted for.

 

[IdiotSavabte]

If you get sued, you can counter-sue for the damages you are claiming. You will have to prove to the court that the florist breached the contract, and provided inferior flowers when better flowers were contracted for.

So if they take us to court, even though we signed a contract and didn't pay, we're not obligated to pay the contracted amount?

 

[xylene]

So if they take us to court, even though we signed a contract and didn't pay, we're not obligated to pay the contracted amount?

Not exactly.

Your defense will be that the florist breach the contract, in providing inferior flowers and service.

The amount the florist is entitled to is the Amount of the Contract - The Value of Services or Good Contracted Not Rendered

YOU will have to prove these services or good were not rendered AND their value.

If this amount if less that the 400 you still owe, you will be order to pay the difference.

If yopu can't prove it, you owe 400

If the value of services or good not rendered exceeds your 400 dollars due balance, you should counterclaim for that amount.

 

[Hot Topic]

You should have paid, then taken the florist to court. Just saying that the work was "poor" is meaningless. How does anyone know that the decision was made not to pay in order to cut costs?

I hope you took pictures to prove the florist did a bad job with the flowers; otherwise, your bride will look unreasonable. I hope you also have a contract that says specifically what flowers and how many were to be provided. If the contract specified red roses and the florist brought tulips, you may have a case.

 

[IdiotSavabte]

You should have paid, then taken the florist to court. Just saying that the work was "poor" is meaningless. How does anyone know that the decision was made not to pay in order to cut costs?

I hope you took pictures to prove the florist did a bad job with the flowers; otherwise, your bride will look unreasonable. I hope you also have a contract that says specifically what flowers and how many were to be provided. If the contract specified red roses and the florist brought tulips, you may have a case.

Thank you for the help!

Yes, we have pictures of everything, and a contract that states we payed for x and got y. But I fear that we signed a contract, and the money is due even though. I think you're right, we should have taken them to court after. I guess we'll find out!

Thanks again.