Post # 1
I am hoping someone on here may be able to point me in the right direction or give another POV.
I have been trying since November to schedule a tasting with my venue to finalize our menu. We were told we should attend a grand tasting in mid to late January, which did not happen. It was moved to February 1st. If I had know this in November I would have passed because that is a month before my wedding and that seems too close for me. Well the tasting on February 1st gets cancelled due to the chef having an “emergency”. Our venue cannot give us a deffinite date when our tasting can be scheduled. Our contract states that we get a tasting, but at what point does that become a breach of contract? February 11th is our 30 day mark, at which point we will owe them our total balance, even if we back out. But I don’t want to move forward until we are guaranteed a tasting. If we can’t do it next week (before our 30 day mark) then at that point I don’t think we will have time to 1. do the tasting and pick what we want 2. have our final meeting with the venue coordinator to finalize all the details and 3. get the menu cards and other things I wanted done.
So I guess my question is, technically if they do our tasting the day before the wedding that is fulilling their contract, but that is not reasonable. At what point does this become unreasonable and they have defaulted?
Post # 3
@Future_Mrs_Price: I cannot give you legal advice and anything I state in response to your question or on this forum should not be construed as legal advice nor does it create a attorney-client relationship.
It depends on what the exact provision in your contract regarding the tasting states. That said, it may be an anticipatory breach of contract which is an unequivocal indication that the party will not perform when performance is due, or a situation in which future non-performance is inevitable. An anticipatory breach gives the non-breaching party (you) the option to treat such a breach as immediate, and, if repudiatory, to terminate the contract (and sue for damages (without waiting for the breach to actually take place)).
Ultimately, you have to decide if it’s worth it to walk away if they will give you a tasting before your payment in full is due. Do you have a back-up vendor if they cannot get you scheduled?
Post # 4
@Future_Mrs_Price: If there is not a timeframe listed in the contract than they have not breached their contract as long as they allow for you to do a tasting prior to the wedding date.
If they do breach, will you cancel? or what are you looking for them to do?
Post # 5
If no date or timeframe was specified in the contract, they are technically not under any breach.
Did they give you an indication of when they would try to reschedule it for?
Post # 6
Well I already have a backup venue in place, because my current venue has been really difficult about trying to get this straighened out. As a bride with a month to go, I don’t like being left hanging and not knowing the fate of my wedding. I mean as it is, I already cannot have a choice of entrees because I had to send out my invitations in order to my RSVP’s in time. So they already cost me that option….I can’t call every single person and read thwm the menu choice and then write down their answer. That just isn’t doable.
Post # 7
Ok, whoa whoa whoa.
Does the contract guarentee you a tasting? If not, then there is no breach. If it does, be VERY diplomatic about it. These people have the potential to make the happiest day of your life very, very difficult.
I did read your previous thread about the tasting. You need to stop making phone calls and sending emails and take someone WITH you to the venue to schedule a date. YOU schedule the date and tell them when it will be. Voila!
Post # 8
Yes, the contract actually includes 2 tastings. I spoke with the coordinator today (I haven’t spoken with her face to face because she is never at the venue!) but I gave her our availabliity for next week and she won’t commit to anything because she doesn’t know when the chef will be back!!
Post # 9
I went back and looked at my contract to see exactly what it says. The only timeframe it gives is “at a later date”. I just don’t know how long I wait before I decide to cut my losses here.