Breach of Contract

[Scanlonl]

I live in Michigan. I hired a videographer to tape my wedding on June 17th of this year. Our contract states that we would have our video 4 - 8 weeks after our wedding. At this time the balance of $500 would be paid. (We already paid a $200 deposit) During the past 6 months we have been in contact with our vidoegrapher many times, always receiving an excuse as to why our video was not finished. Finally, he was in contact with us last week and made an appointment with us to meet on Sunday Dec 17th. We were also to view the video. When we watched the video not only was the date of our wedding incorrect, half of our footage was missing. He told us that he would fix the date on the video, and add the rest of our footage. We also paid him $445, which he said would ensure that we were "paid in full". He also promised to have our video done on Monday night (Dec 18th) or at the latest on Dec 19th. Either way he said, we would hear from him on Monday night. I, finally, had to call him last night as we had not heard from him. He explained to me that he had not called because he "didn't know what to say to me". He claimed that his computer is down and would have to be taken in the first thing on Tuesday morning (Dec 19th, to be repaired. I asked for a date when our video would be complete, and he could not give me one. He has used the excuse that his computer is down many times over the past 6 months. We,unfortunately, have been much too nice. Does this constitute breach of contract and what advice do you have for us as to the handling of this situation?

[Edited by Scanlonl on 12-21-2000 at 01:22 PM]

 

[JETX]

From your post, it appears that the videographer is in material breach of contract. He promised specific performance within a set timeframe and has failed to complete the conditions.

My suggestion:
Send him a certified letter, return receipt requested. Detail your original agreement, his failures to perform and your subsequent attempts to get his compliance. Set a reasonable date (1 week from receipt) for his delivery of the promised video, in a complete and professional condition (if that was agreed). Note that his continued failure will leave you no recourse but to initiate legal proceedings to recover your damages. (I know that you would much rather have the 'correct' video than the money... but regretfully, your damages will probably only by your actual amounts paid... you will not be able to recover for the 'priceless' memories or video).

Also, it goes without saying (but I will say it anyway)... why in earth did you pay him the remaining amount since you had already had such poor dealings with him already?????

 

[Scanlonl]

As for the fact that we paid him the rest of of the amount........I credit that to the fact that after all this time I was so anxious to see something..........anything........that I basically was a sucker. Thanks for the advice!