Does poor quality of materials or service result in a breach of contract? In these cases a lot depends on the terms of the agreement, any communications between the parties, and the steps taken once poor workmanship or service was identified. If you believe the delivered products or services do not meet the quality specified in the original agreement, you should take several steps:
- Communicate your concerns in writing – clearly identify the area(s) of your concern to the other party and the expectations you had based upon the agreement in question
- Allow the other party the opportunity to “cure” the situation. This mitigation may cause frustrating delays or business disruption, but the failure to allow the other party to fix the problem may limit your options downstream.
- Document everything – take pictures of the inferior work or otherwise document the poor service or quality of performance. We will need to demonstrate the material breach of contract if you wish to hold them accountable and recover the damages for having to hire someone else to fix the problem. Document all of the correspondence between you, the party in breach, and all other parties that become involved in solving the problem. Record all costs and time associated with the efforts to resolve the problem, and photograph the finished product (if any).
- Contact an experienced breach of contract attorney at the moment you become concerned about contract performance – The lawyers at the Watkins Firm have decades of experience and expertise in breach of contract negotiation, resolution and litigation in all matters including business, real estate and construction.
If you have received poor quality of workmanship or unacceptable service on a contract, and believe this poor quality of materials or service result in a breach of contract we invite you to contact the Watkins Firm or call us for a free and substantive consultation at 858-535-1511. We will work with you each step of the way to help preserve and protect your contractual position, and to maximize the likelihood that you will recover the costs you bear as a result of the breach of contract.