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fullfillment of consulting contract

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K

krishnamu

Guest
I am an aerospace engineering consultant in California. I entered into a contract in which I would sub-contract from an engineering consulting firm. The contract concerned the creation of some engineering software.

In the contract, I was first to demonstrate the completed software at the engineering consulting firm. After the demonstration, I was to demo the software at a client of the engineering consultant.

Because of various problems, the software was demonstrated at the clients site, but was not demonstrated at the engineering consulting firm. Because the software has not been demonstrated at the engineering service firms office, they are refusing to pay for the services, eventhough they have already been paid by the client for the software. The total contract value is $2500.00 which falls under the perview of small claims court.

Can I sue without following the exact letter of the contract? The middle step, which was not performed, was to demonstrate the software was to verify the software before it was taken to the client, which seems to be unnecessary since it was demonstrated at their client.

Thanks
 


L

loku

Guest
Whether you have a case depends on the exact wording of you contract, the reasons the software was not demonstrated at the consulting firm, and the effect on the consulting firm of the lack of the demo.

If you have completed “substantial performance” on the contract, you will be entitled to your pay. “Substantial performance occurs when a party to a contract renders performance that deviates only slightly from complete performance.

You will not be entitled to pay if the court decides there was a material breach of the contract. There is a material breach when a party renders inferior performance that impairs or destroys the essence of the contract.

From the facts you give, it sounds like you have a very good case and I suggest you go to small claims with it.
 

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