Can my corp. be sued because of a customer’s dissatisfaction with length of time it took for both parties to communicate and receive a final product?

Our client agreed to our contract which does not specify exactly when we would contact them to start production on their final products. They claim they called and left 2 voice messages nearly a year ago to inquire about said products of which we have no record. The first point of contact we have on record recent which we returned in 24 hours only to have the client make numerous complaints about our service and product before demanding a monetary refund or “we would be hearing from their attorney”. We have since delivered partial product and are continuing with the rest. What is my next step?

Asked on May 20, 2009 under Business Law, Florida


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You do not want to set yourself up for being sued.  If you are going to complete the project for them, get them to sign off on a release saying they will not be suing you for any delay of any kind so that you can complete the project without any distractions.  If the contract does not specifiy a time, they cannot hold you to a specific time - only a reasonableness standard.  I suggest trying to have a meeting to discuss whether they want to continue doing business of if they are going somewhere else.  make sure this conversation is memorialized.  You need to know where this is going so you are not set up.  hire a lawyer to get involved in securing a release if you cannot work this out.

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