What are my rights regarding a change to a contract?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights regarding a change to a contract?
I have a contract for a venue for an event to serve food and host the meal. I had received a menu with food prices when I signed the contract which stated: “Prices are subject to change at any time due to market conditions.” The contract also included a service charge to be added to the total cost. “Service Charge: An 18% service charge and 7.25% sales tax will apply to all events. Organizations that are tax-exempt must present a copy of their tax-exempt certificate”. Since signing the contract the food prices have increased which I believe to be within the terms of the conctract. However, they have also told me that the service charge is now 20% instead of 18%. Does the “prices are subject to change” line also apply to the fee?
Asked on February 15, 2016 under Business Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Since the service charge is on a separate line item than the food prices and also since the usual and reasonable meaning of "prices" does not include a service charge, it is most likely improper to increase this separate charge without your consent. (In addition, "market conditions"--e.g. the cost of food and fuel--which is the reason that prices could change does not affect a service charge.) Of course, if you refuse to pay it and can't work it out, you will likely end up in litigation; whether the extra 2% is worth a possibly court fight is a different story, but if you do end up in court, you likely have the better case.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.