Breach of wedding contract- worth small claims court?

[SED324]

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

 

[SED324]

Breach of wedding contract- details

Hello, I recently was married and had A very difficult time with the venue. Our contract stated that our full amount due was $2,000 which we paid on time. Per the contract, we would have use of the property for the entire day, plus flatware, plates, linens, tables and chairs. We signed this contract in August 2014 and started asking more questions to get ready in January 2015. First of all, the venue told us they have a new contract and needed a copy of the one we signed since they did not keep one. When we sent it and asked for details about what the dishes linens looked like they said that they no longer honor the inclusion. After many emails and phone calls, they decided to provide us what was in the contract. She sent pictures of what everything looked like and we felt better. 2 weeks prior to the wedding we were informed that the rental company they used did not have sufficient plates and linens for our wedding in the colors previously promised. The venue said we would have to order our own and they would reimburse us after the wedding. Rentals came to $750, an expense we were not expecting. We got back from our honeymoon and submitted the invoice to the venue for reimbursement. The venue is now saying they will only reimburse $350 because that's what they planned on spending. I think we have a case to get the extra $400 since she did not give us an amount we should spend or even hint that they would only reimburse a certain amount. Not only this, but since we had to rent these items ourselves, we had to make sure the plates and utensils were clean before returning them to the rental store, something my husband and I did on the morning after the wedding which was not something we were expecting. In addition to this one month before the wedding the venue hit us with another $200 fee for set up and breakdown of the tables and chairs. When we arrived on the day of the wedding to decorate, the tables and chairs were still in the storeroom and my husband, mother and I spent an hour and a half setting them up. Can we ask for half of the $200 back?
Is this an actual breach of contract and do I have a case in taking the venue to small claims court for the $400 difference in rentals and $100 in set up fee?

 

[justalayman]

The venue said we would have to order our own and they would reimburse us after the wedding.

what do you have in writing to support this?

we had to make sure the plates and utensils were clean before returning them to the rental store, something my husband and I did on the morning after the wedding which was not something we were expecting.

where were the bridesmaids and groomsmen? Shame on them, They should have taken care of that.

In addition to this one month before the wedding the venue hit us with another $200 fee for set up and breakdown of the tables and chairs.

what does your contract say to setup and breakdown?

When we arrived on the day of the wedding to decorate, the tables and chairs were still in the storeroom and my husband, mother and I spent an hour and a half setting them up. Can we ask for half of the $200 back?

well , if it was a valid charge at all, then yes, if you did 1/2 the work you should be entitled to a 50% discount.

Is this an actual breach of contract and do I have a case in taking the venue to small claims court for the $400 difference in rentals and $100 in set up fee?

it would be a partial breach, given your description. They did partially perform under the contract but other things they didn't. Partial performance, partial breach.

as to the $500; sounds likely but answer the questions above.

 

[SED324]

The venue said we would have to order our own and they would reimburse us after the wedding.
what do you have in writing to support this?

There is an e-mail thread saying that they would reimburse us and would not be able to provide what the contract stated and that we should find our own. This was 2 weeks before the wedding. We were under the impression from the contract that the venue already had all of the items promised and they did not have to rent. The venue did not discuss the price of the rentals and we went with all of the cheapest on the list anyway, plain white plates and linens.

we had to make sure the plates and utensils were clean before returning them to the rental store, something my husband and I did on the morning after the wedding which was not something we were expecting. where were the bridesmaids and groomsmen? Shame on them, They should have taken care of that.

Our wedding party consisted of my 7 year old daughter and his 14 year old son. We did not want to have to ask guests to help, and our 2 points of contact from the venue were "on vacation" the weekend of our wedding.

In addition to this one month before the wedding the venue hit us with another $200 fee for set up and breakdown of the tables and chairs. what does your contract say to setup and breakdown?

This additional fee was not in the original contract but was e-mailed to us through a conversation as an "add-on" a few days after we had a disagreement about the original contract and what was to be included. We did not know about this fee and nothing was stated about it in the original contract.

When we arrived on the day of the wedding to decorate, the tables and chairs were still in the storeroom and my husband, mother and I spent an hour and a half setting them up. Can we ask for half of the $200 back? well , if it was a valid charge at all, then yes, if you did 1/2 the work you should be entitled to a 50% discount.

Since the wedding is over and we are not on very good terms with the venue, since we asked for the complete reimbursement, who should we ask for this 50% discount? Should we ask to speak with an owner before pursuing small claims.

Is this an actual breach of contract and do I have a case in taking the venue to small claims court for the $400 difference in rentals and $100 in set up fee? it would be a partial breach, given your description. They did partially perform under the contract but other things they didn't. Partial performance, partial breach.

as to the $500; sounds likely but answer the questions above.

Would it be beneficial to us to contact The Better Business Bureau since it was a partial breach in contract and they are an established company? I'm not sure if they could help or what the difference is.

 

[Proserpina]

There is an e-mail thread saying that they would reimburse us and would not be able to provide what the contract stated and that we should find our own. This was 2 weeks before the wedding. We were under the impression from the contract that the venue already had all of the items promised and they did not have to rent. The venue did not discuss the price of the rentals and we went with all of the cheapest on the list anyway, plain white plates and linens.




Our wedding party consisted of my 7 year old daughter and his 14 year old son. We did not want to have to ask guests to help, and our 2 points of contact from the venue were "on vacation" the weekend of our wedding.




This additional fee was not in the original contract but was e-mailed to us through a conversation as an "add-on" a few days after we had a disagreement about the original contract and what was to be included. We did not know about this fee and nothing was stated about it in the original contract.




Since the wedding is over and we are not on very good terms with the venue, since we asked for the complete reimbursement, who should we ask for this 50% discount? Should we ask to speak with an owner before pursuing small claims.




Would it be beneficial to us to contact The Better Business Bureau since it was a partial breach in contract and they are an established company? I'm not sure if they could help or what the difference is.

The BBB have no regulatory or other authority; all you can do is offer your experience. They can't do anything to the vendor. Just be honest in your review and don't make any accusations you can't prove (the last thing you need or want is an uppity vendor threatening to sue for defamation).

 

[justalayman]

if it was me I would sue for the $600 (I don't know anybody that was required to do their own set up and tear down for such a situation) and let the court decide. You seem to have laid out a reasonable argument that those expenses should have been included in the contract or you were actually directed to source your own plates etc and would be reimbursed. If they wanted to put a limit on the rental of plates etc, they should have told you up front when they told you to go rent what you needed.

the comment about the wedding party taking care of the stuff; I understand. It was more of a personal comment on the fact you had to take care of it where if there were adult attendants, I would surely have expected them to take care of it.

 

[SED324]

Thank you for the advice, Justalayman. I am glad to know this is a possible case.

 

[not2cleverRed]

Rather than BBB try leaving a review on The Knot, or whatever people are using now.

 

[quincy]

I would be very very careful about writing a review (see Proserpina's previous post) - and I would hesitate to advise the writing of any review without knowing far more about the situation than what has been described here.

First, SED324 never provided her state name (which may or may not make a difference).

Second, SED324 never mentioned what sort of venue was reserved for the wedding (which may or may not make a difference).

Third, the contracts that were signed, and changed (and signed again?), and the emailed communications between SED324 and the venue, would all need to be reviewed to see exactly what sort of breach, if any, is involved.

I know of several venues, as a note, that require the parties to do their own set up and take down. Many historic buildings, for example, will rent out space for a wedding but it is up to the parties to fill the space and clean up afterward. And, as an additional note, the $2000 seems a small amount - it seems more the amount of a reservation fee. Here is where the state name and type of venue might be good to know.