What to do about a wedding photographer who has yet to give me my pictures?

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What to do about a wedding photographer who has yet to give me my pictures?

I got married 5 months ago. The contract we had with our photographer included a renaissance session, a CD, a separate CD with all the wedding pictures and our album. It clearly states that it will take 45 days after the wedding for completion. It has been about a month now since I have heard anything back from them and almost 4 months since my wedding. After leaving several voicemails and emails over that period of time, they have made it clear I will not be hearing back from them. What do I do next?

Asked on May 8, 2013 under Business Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can sue the photographer for breach of contract.  Your damages (the amount of compensation you are seeking in your lawsuit) would be the contract price.  Depending on the amount you are claiming, you may be able to file your lawsuit in Small Claims Court.  Your damages should also include court costs which would be the court filing fee and process server fee.

Damages may be an inadequate remedy because you are probably more interested in obtaining the wedding photos, album, and CDs than monetary compensation.  When damages are an inadequate remedy, as an alternative you can sue for an equitable remedy which in your case would be specific performance.  Specific performance would require the photographer to comply with the terms of the contract by providing you with the wedding photos, album, and CDs.


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