What are my rights regarding breach of contract?

UPDATED: Sep 30, 2022

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What are my rights regarding breach of contract?

I have a contract for a detailing a companies fleet of vehicles. The contract is for every 2 weeks. However, 2 months ago, he wanted to change it to once a month. I said that we had to renegotiate the contract and prices. We went to do it after 1 month. We were not able to renegotiate that day but we were supposed to go back next week and they just texted me terminating all car washes going forward. Can I charge them for the last 2 months since they never renegotiated and kind of played us? Can I charge the credit card for the amount they owe us for the previous weeks they breached contract?

Asked on December 9, 2015 under Business Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) If the contract had a duration on it (e.g. it was a one-year contract and the year was not up), you could sue him for all the remaining money due under the contract. But if the contract set out prices, etc. but did not obligate them to use you for any period of time, they could terminate the service at will--in that case, you could sue them only for any work you actually did but which was not paid for by them.
2) You cannot simply charge their credit card once they tell you the contract is terminated, unless the contract itself said that in the event of termination, any unpaid balances will be charged vs. the provided card. Otherwise, you would need to sue for any money owed.

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