If all services on a contract were given/provided, what grounds does a previous customer have for a civil suit?
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If all services on a contract were given/provided, what grounds does a previous customer have for a civil suit?
I provided event services for a bride last year and she told me today that she’s suing me for the services I provided her. If I upheld the number of hours worked, products I said that I would
provide and I have a contract signed showing what was agreed on, what can she sue me for?
I honestly think it’s just her personal feelings towards me causing this. Should I try to sit down with them before they file to see if I can change their mind?
Asked on May 6, 2016 under Business Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Someone needs a legal basis to sue. In a case like this, the four most common ones are:
1) Breach of contract--the vendor did not do everything it was contracted to do; but if the vendor did, then there should be no basis for a breach of contract claim.
2) Professional negligence--the work was unreasonably careless, and so caused some loss or damage, including the receipt of unacceptable product or output.
3) Breach of either an express (written) or implied (attached by law) warranty, such as the implied warranty of fitness for its purpose--which similar to the notion of professional negligence, is that the work is basically commercially unacceptable.
4) Fraud--the vendor had knowingly lied about what it could or would to, get the customer to sign on with it.
If you did not breach your contract, did not commit fraud, were not unprofessionally careless in how you did the work, and did not provide professionally unacceptable work, there should be no basis for a lawsuit.
You may wish to try to settle with her, to avoid bad recommendations or reviews from her, or to avoid the trouble of having to defend a lawsuit (even if she doesn't have a good case, it's almost impossible to stop someone from filing a suit--and therefore forcing you to defend--if they are angry, motivated, etc. enough). But that is a cost benefit decision on your part; if she doesn't have a good cause of action, you should not legally be required to pay her anything.
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