What constitutes a breach of contract?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What constitutes a breach of contract?
I am an independent contractor and I install flooring. Each contractor I work for takes a $2,000 to $3,000 retainer that they are supposed to return a year after my last install for the company. I recently contacted a company, by phone and fax, about returning my retainer. The accountant said that the company used the retainer to replace a floor, which is understandable, but they have not provided any proof or paperwork. I think the company should be responsible to provide evidence of the expenditure but they have refused to respond. Does this constitute a breach of contract and do I have any option?
Asked on January 30, 2015 under Business Law, North Carolina
Answers:
Anne Brady / Law Office of Anne Brady
Answered 9 years ago | Contributor
Whether the contractor is in breach of contract depends on what the contract says. If the contract says the contractor must provide proof of expenditure of the retainer and the contractor does not provide proof, then the contractor is in breach. If the contract is not in writing, then it will depend what was said about such things, if any, at the time the arrangement was entered into.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.