(Closed) Do we have a lawsuit?

posted 6 years ago in Reception
Post # 3
Member
162 posts
Blushing bee
  • Wedding: June 2013

@steph7152:  These situations tend to be very specific to the circumstances.  I take it you signed a contract, but did it say anything in it about when construction was promised to be finished?  What was in writing?  If it wasn’t in writing, it’s more difficult to prove, but there may still be remedies (e.g. something called promissory estoppel where you reasonably relied on a representation made by the venue).  Honestly, there are a lot of “it depends” here.  I don’t know how much you paid for the venue etc, so you have to weigh how much money you would get back v. how much money it would be to hire a lawyer (prob at least $5k to hire a decent lawyer and that’s without considering going to court).  If you spent less than $15k on the venue, you can consider small claims court for which you don’t need an attorney at all.  Can you provide some more info?

Post # 5
Member
3886 posts
Honey bee
  • Wedding: September 2011

All those details need to be spelled out in the contract for you to be able to sue for breach of contract. If your contract said patio, tent and bathrooms on August 4 or whatever date, and you had patios, a tent and bathrooms, then your contract was fulfilled from a legal standpoint. If you wanted vendor-ready 3 days in advance, then that needs to be in the contract; same thing with start and end times.

If you don’t have these specific details in your contract, you may be better off complaining to the venue and requesting a portion of your fee be refunded; maybe 25%, based on 1 hour of your 6-hour event being shut down early, with some additional for the space you didn’t use due to it being fenced off. Without seeing the actual contract, it’s hard to say, but the details you’ve provided make it sound like it would be very, very difficult to win in court. If you do sue, you will almost definitely not get 100% of your money back, because you did have use of the space on the promised day, and courts generally don’t award money damages for stress in these types of lawsuits (that’s if you win at all).

Post # 7
Member
3886 posts
Honey bee
  • Wedding: September 2011

If our contract says Thursday -Sunday but you only got access on Friday then you’d be entitled to 25% refund. So that would be grounds for a suit, but it would still depend on the wording in the contract, and what constitutes “access.” If the DJ was able to run his sound hookups but the dance floor people couldn’t install the dance floor, it would be considered “partial access” so there are still a lot of details lacking.

Post # 8
Member
162 posts
Blushing bee
  • Wedding: June 2013

@steph7152:  If you only paid $5k for the site fee (I know, it sounds crazy to say “only” $5k but), I’m not sure it would be worth hiring a lawyer.  You can def look into bringing them into small claims court.  Again, it is really hard without knowing all the details and seeing the actual contract.  This seems like it was very distressing, so if it means a lot to you, you can always go to a lawyer to see if the lawyer thinks it would be a good case after he/she looks at all the documentation and is able to ask you questions based on that documentation etc.  Fishbone is right that you usually won’t be able to get the entire amount back because technically you did use the site, although it was not the full use you may have been entitled to.  I imagine that if you are advised to sue, it will involve an emotional distress aspect in addition to a breach claim.  

Whether you’d win depends on so many things, and honestly the best would be a “settlement” offer of half of your money back etc. Like I said though, even having a lawyer make that phone call or write that letter trying to get the money back might not even be worth it because you’ll be paying most of that money straight to the lawyer.

I know that it sucks to hear that it might not be a winner because we tend to think that the courts will right these wrongs, but sometimes it’s not the way it goes. I would think about small claims court if I were you (and going based off the $5k figure).

Post # 9
Member
13010 posts
Honey Beekeeper
  • Wedding: November 1999

I think fishbone has given you the most accurate answer you can get from the internet.  Personally, if you have a vague contract that doesn’t spell out the actual details, then you’re going to have a very hard time getting any court to side with you, at least for the full amount.  You may be entitled to a portion back.  Have you tried approach the management at the site to see if they’d work on some sort of refund with you?

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