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How to recoup an invoice and damages from customer trying to exit contract early

LouisianaConstruction Contract

Hi - I just tried to submit a decently long question and got an error message. I'm not sure if it went through or not, so I'll try to summarize briefly. A customer is trying to prematurely exit a signed construction contract on a residential house. Between the signing of the contract and now, I had started some preliminary work like dirt work, tree removal, permitting, door and window schedule, etc. The customers' original bank returned a very low appraisal. The second bank of their choosing (Iberiabank) requires a very invasive process for the builder (me) to be on their approved list. I balked at this requests but told the customer I was willing to work with the bank if they felt strongly about using them, but recommended another bank in town who I thought would be better. At this point the customer emailed that he would like to put the project on hold and asked that I send him an invoice for the work done to this point. After receiving my invoice, he said he would not pay until her received detailed subcontractor invoices (not a clause in our contract), and that due to my unwillingness to work with Iberiabank (not true) that he was cancelling the contract. I would like to know the best way to go about 1) getting paid on my invoice I have submitted (~$6,000) and 2) seeking damages for lost opportunity and lost profit (~$100,000).

2 replies

Jan 21, 2020
Regarding the early termination of the contract, that is highly dependent on the actual language of the contract and what it allows for regarding termination and default. If it is silent, then it would revert to the civil code obligations articles regarding whether or not there was a basis for termination. Unless there was a suspensive condition relative to financing, his inability to finance the project is probably not a basis for early termination. As for options, it would be to file suit for breach of contract. I would note it would be important to see whether or not your contract has any waiver for consequential damages, as some of the damages you are seeking may be argued to be consequential damages and waived. Lien rights are dependent on whether or not you recorded your contract or a notice of contract. Look to 9:4811 under the Private Works Act , which requires any contract over $25,000.00 to be recorded by the general contractor for the general contractor to have lien rights.
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Mar 23, 2022
Regarding the early termination of the contract, that is highly dependent on the actual language of the contract and what it allows. The incentives can a part of the payment term whereby you offer clients a certain amount of discount on the total invoice for paying early. https://www.heffinance.com/cannabis-finance.php
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