What is my iability if a client did not uphold contract payment agreement for kitchen cabinetry so I did not provide the final shipment?

He then filed a criminal complaint with the DA. Should I be worried? Can/will they file charges? If they do, and I am exonerated, can I file a suit against him?

Asked on March 3, 2013 under Business Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Okay everyone here needs to take a deep breath and work this out.  First, he jumped the gun by filing criminal charges.  This is NOT a criminal matter as far as I can tell from your question.  It is a civil contract issue and you need to look to your contract for the answers to your questions.  If as you say the client "breached" the contract in the first instance by not paying the money then it would be considered null and void.  Then that means that your obligation to ship the final shipment would not come in to play.  One is contingent upon the other.  But it depends on your contract.  Read it.  Or better yet, have an attorney read it.  I would speak with some one in any event on having the criminal matter dismissed.  Good luck. 


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