Power goes out at wedding reception, do I have pay in full?

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

I got married a couple weeks ago, and at the reception the electricity went out about 1.5-2 hours into the event. During this time, there were no lights, no music, no air conditioning, etc. After a couple hours, they got partial power back up with the help of a generator they had. Lights and music were back on, but no air.

There is (of course) a difference of opinion regarding what I owe for the services they provided. The country club where we had the reception is arguing that the power went out in the entire area, and did not affect only their building (this is true), so that it was beyond their control and they therefore fulfilled their contractual obligations.

I am arguing that when running a facility where wedding receptions and other events are held on a regular basis, it is foreseeable that at some point the electricity will go out, and they should have been prepared enough to restore power within a reasonable time frame via use of generators, etc.

Judging from the above, do I have a case, and if so, what would be a reasonable amount to ask for (the reception, including food and drinks was approximately $13K, of which around $2K was drinks).

Also, they are asking for payment in full and refusing to acknowledge any liability. Per the contract, we pre-paid everything except the bar, so the only amount outstanding is for the bar tab. Would it be a wise idea to pay this or to withhold payment until we get this settled?

Thanks in advance for your help.

You'll get nothing and like it.

LeeHarveyBlotto said:

You'll get nothing and like it.

Click to expand...

This question gets asked regularly on this forum.

Your answer is 100% accurate.

WSJNick said:

Would it be a wise idea to pay this or to withhold payment until we get this settled?

Thanks in advance for your help.

Click to expand...

Pay as agreed...and you're welcome.

Too bad you didn't have an "act of God" clause in your contract. I'm going to remember that one for when my daughter gets married!

Thanks for the advice.

To be honest, I'm surprised that a business could fail to deliver services because of an event that occurs in the normal course of doing business and still receive full payment, but I guess that's why I'm not a lawyer.

WSJNick said:

Thanks for the advice.

To be honest, I'm surprised that a business could fail to deliver services because of an event that occurs in the normal course of doing business and still receive full payment, but I guess that's why I'm not a lawyer.

Click to expand...

It happens that way because YOU agreed to let it happen that way. Please explain why YOU think that the company should be responsible for something totally out of their control? And, when you get back to the "Shouldn't they have been prepared?" line of reasoning, I'll reply with "Shouldn't you have considered the possibility and inquired about it?"

WSJNick said:

Judging from the above, do I have a case, and if so, what would be a reasonable amount to ask for (the reception, including food and drinks was approximately $13K, of which around $2K was drinks).

Click to expand...

The power failure did not interfere with your consumption of the drinks, so you have no basis.

Maybe, maybe, if you had paid for the drinks in advance, and because of the power failure the drinks could not be served, and the country club got to keep the booze (ie not damaged or spoiled) you might have an argument.

But there is no legal rationale for you to withhold the bar tab (for drinks that were consumed) because of a power failure.