Breach Of Contract

Maryland

My son attends a daycare facitilty and because we live in a certain part of Maryland he receives a grant. I signed a contract in May agreeing to pay $235 a month with him attending fulltime. Well there was a new director hired and the old one retired. Well all of a sudden i receive a letter in August stating Due to Financial Contraints that the daycare is having they will have to increase my rate to $571.20 starting November 1. I talked with the director and she said all along my son shouldnt have received the grant and she wasnt going to help me. I would have to pay. I told her i signed a contract agreeing to the rates that i have been paying and she said the contract will be void as of November 1. Can she do that? I have a signed contract showing my rate and scheldule but she is changing it without me agreeing to it. I have tried to recify this matter but she will not acknowledge my current contract. What can i do?

mlong78 said:

Maryland

My son attends a daycare facitilty and because we live in a certain part of Maryland he receives a grant. I signed a contract in May agreeing to pay $235 a month with him attending fulltime. Well there was a new director hired and the old one retired. Well all of a sudden i receive a letter in August stating Due to Financial Contraints that the daycare is having they will have to increase my rate to $571.20 starting November 1. I talked with the director and she said all along my son shouldnt have received the grant and she wasnt going to help me. I would have to pay. I told her i signed a contract agreeing to the rates that i have been paying and she said the contract will be void as of November 1. Can she do that? I have a signed contract showing my rate and scheldule but she is changing it without me agreeing to it. I have tried to recify this matter but she will not acknowledge my current contract. What can i do?

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My response:

Presuming that the contract wouldn't otherwise expire in November, then you can sue her for "anticipatory breach of contract" and "specific performance".

IAAL

THANKS A LOT. I already sent her two demand letters trying to resolve this. But she is persistant on not resolving this matter. I just sent the second one out. If there arent anymore results should i just go ahead and sue or wait until November because i dont want my son to possibly be mistreated. Could i get anything for trying to find another daycare and the inconvience?

mlong78 said:

THANKS A LOT. I already sent her two demand letters trying to resolve this. But she is persistant on not resolving this matter. I just sent the second one out. If there arent anymore results should i just go ahead and sue or wait until November because i dont want my son to possibly be mistreated. Could i get anything for trying to find another daycare and the inconvience?

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My response:

First, I really rather doubt anyone will beat your child to death over this matter and while he's still attending. So, let's remove the emotions of "mistreatment" of your child out of this equation.

Second, you never mentioned when this contract is due to expire.

Third, your measure of damages, assuming that the contract DOESN'T expire on it's own in November, is the difference in daycare costs at another facility; e.g., $200.00 per month, for as many months as you had left on your current contract.

IAAL

There isnt an expiration date on my contract. There is an effective date which was in May 2004 but no expiration date.

The daycare would be a lot more expensive if i take him elsewhere. I have already checked around and the fees are from $120-$200 a WEEK depending where he goes. There is no way i can pay it!

The state of Maryland has a freeze for daycare assistance. I was seriously thinking about relocating to Delaware. I checked with the state and they are willing to help me based on my income. This has seriously put a toll on me wondering who is going to watch my child while i go to work. They are giving me two months notice to change my budget from $235 a month to almost $600 a month. That is totally impossible for me to do.

And i do understand that they wouldn't do anything to my child. I just don't know if i should pursue this now while he is attending. I just don't want to feel uncomfortable everytime i take my son there But at the same time i don't want to prolong it.

Daycare Lawsuit

The trial date is in December. The daycare has hired an attorney. My contract has the rate of $235 monthly and hours Monday- Friday 8:30 to 4:30. BUT has 0-15 hours checked off on the contract. My son has been attending 40 hours weekly. The daycares defense is the 0-15 hours has been checked off and that is why i received the $235 rate. Is this a good defense. Do i just have to prove he has been there 40 hours a week and how can i prove it? The daycare does have a sign in sheet but i don't know how to get that. What should i do?