Client cancelling 8 days before job with contract

[Jjenkins55]

What is the name of your state? New York

Hi there,

I've been going back and forth with a potential client for over a month. They requested a contract be drawn up, which I went ahead and obliged them, and after finally getting everything settled they just emailed me today stating they have decided to move in another direction (which generally means they've decided to spend less money on someone else).

Normally I'd let this go, but it's eight days away and I've passed up other opportunities for this and am taking a loss. The contract is signed by the party and states that they owe me the full balance in the event of a last minute cancellation. It wasn't that huge a job and doesn't put me out tremendously, and so I sent them a 25% cancellation fee (even though I'm fully within my right to request the entirety of the contract).

Everything is set in stone except for one thing; the contract expires on July 15. If I set a court date now and the date occurs after the expiration of the contract, does that free them of their responsibility? If so, can I expedite a small claims date?

 

[xylene]

How did they respond to your demand?

 

[not2cleverRed]

Normally I'd let this go, but it's eight days away and I've passed up other opportunities for this and am taking a loss. The contract is signed by the party and states that they owe me the full balance in the event of a last minute cancellation. It wasn't that huge a job and doesn't put me out tremendously, and so I sent them a 25% cancellation fee (even though I'm fully within my right to request the entirety of the contract).

Everything is set in stone except for one thing; the contract expires on July 15. If I set a court date now and the date occurs after the expiration of the contract, does that free them of their responsibility? If so, can I expedite a small claims date?

No, that does not free them of their responsibility.

 

[Jjenkins55]

How did they respond to your demand?

They thus far haven't responded. They sent me the (not to make this personal) incredibly indifferent and not even remotely apologetic cancellation note this morning and I emailed them right back and sent them an invoice. I've a suspicion that they'll try to ignore it, in which case I'll follow up and let them know if they don't pay the cancellation fee I'll be moving this to small claims; after which they'll owe me the full balance + court costs.

I do intend on taking this to court though. It's the principle of the matter, despite the amount.

 

[Jjenkins55]

No, that does not free them of their responsibility.

Thank you

 

[xylene]

Be sure to send them your invoice by mail, an actual letter, using certified return receipt post.

An email is not enough proof.

 

[HRZ]

I read it in context f they breeched the contract via cancellation a few days ago.

Frankly I would rescind in writing my 25% cancellation fee and demand payment in full as per the contract ...and file small claims shortly afterwards if they don't pay.

I read it as you had a signed contract from them ...not merely a deal which broke down in final stages of trying to reach agreement

 

[HRZ]

Your cancellation fee of 25% unless in contract is very weak or loser point ..stick with written contract

 

[Jjenkins55]

Be sure to send them your invoice by mail, an actual letter, using certified return receipt post.

An email is not enough proof.

Thanks for the note. The invoice I sent out is via my credit card merchant (square) and comes directly from them. I can still issue a certified letter if you feel it's necessary.

 

[xylene]

Your cancellation fee of 25% unless in contract is very weak or loser point ..stick with written contract

Perhaps OP is trying to keep it under the small claims limit.

 

[HRZ]

Then sue for the limit ($3000/5000 ) in NY ...but don't sue for something not in the contract .

 

[Jjenkins55]

Perhaps OP is trying to keep it under the small claims limit.

Your cancellation fee of 25% unless in contract is very weak or loser point ..stick with written contract

It's not actually that. To be frank I'd just rather avoid the hassle and call it a day, but I did just cancel the 25% cancellation fee invoice while I await their reply. I again feel like I probably won't be receiving anything from them until they're forced to respond. The claim is under $1000 dollars and the difference between the cancellation and the other amount i feel just isn't the aggravation, but we'll see how it plays out.

 

[Jjenkins55]

Thanks for your help everyone

 

[not2cleverRed]

Thanks for the note. The invoice I sent out is via my credit card merchant (square) and comes directly from them. I can still issue a certified letter if you feel it's necessary.

X was not being at all ambiguous. Send an actual old school letter on paper. Send it certified. Keep a copy for your records.

 

[xylene]

Attempting to settle a debt does not reduce your contractual claim.