What happens if I have a business contract for a service but the payment went to another party and that party failed to perform?

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What happens if I have a business contract for a service but the payment went to another party and that party failed to perform?

I have a wedding photography business in Florida and sent a contract for service for a wedding in Texas. I was not able to make it to the wedding and asked someone else to perform the duties. The payment was sent directly to the other party. This party has failed to deliver the images and I have now received a letter from the bride and groom’s attorney seeking retribution. The 2nd party hired does not respond to bride and groom, me, or other attorneys. Who is at fault here? Who does this fall on?

Asked on June 25, 2019 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You were the one who contracted with the bride and groom; therefore, you were the one who took on the legal (i.e. contractual) obligation or duty to take and provide the photographs. They can sue you under the contract, for breach of contract; you in turn can sue the person you hired or subcontracted to do the work for the money that should have been paid you and for any other costs or losses you thereby incur.


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