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i need to sue a vendor!

California

september 2018 a check was cut . a prepayment to vendor to make a specific color cmu block in the amount of nine thousand units once the sample was accepted. over the course of a year after seven failed attempts they attempted to deliver 4400 units to site. they were rejected and sent back. the footing or foundation had been installed prior to delivery of block.because of delays the contract was terminated in the amount of $ 127,000 for that first phase and the second phase was terminated in the amount of $212,000.we lost over $ 35,000 for footing and the deposit has still not been returned, All toll we lost over $374,000 dollars in revenue because of this.we have requested funds be returned for over a year but now iam ready to sue for full amount of contract lost? how do i proceed. the responses and communication on their end has ceased. the y just will not make this right and now im over it. please help david murphree/ owner/ operator masterkraft masonry

4 replies

May 22, 2020
There is a very old case, Hadley v Baxendale (1854), which basically says that consequential damages, which is what you appear to be talking about, will be awarded for breach of contract if it was foreseeable, at the time of entering into the contract, that this type of damage would result from the breach. Assuming your damages were foreseeable, you may be able to recover your losses (damages) as a consequence of the breach, that is, the money not made because of the terminations. If you would like to further discuss, feel free to call or email. Thanks, Andrew Carlton & Alberola and/or Andrew Carlton have not been retained by the recipient of the above comment and, moreover, the above comment does not create an attorney-client relationship. The above is general commentary based on limited and insufficient information. If you wish to obtain legal advice, please contact Andrew Carlton at 949-954-6666 x101, or by email at andrew@cnalawfirm.com.
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May 22, 2020
It sounds to me as though a lawsuit will be required. You should locate counsel in the jurisdiction where you are located.
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