Can I be sued for the total cost of wedding flowers I provided?

As you might imagine, the terms of the signed contract will determine the rights and obligation of the parties....and, of course, evidence to the facts will be very helpful. If the contract allows for the "change in circumstances" and allocates resoponsibility, then you have a different issue. By Grace... Shawn Jackson ESQ. (707) 584-4529 Business Development Attorney EMAIL: [email protected] www.CaliforniaBusinessDevelopmentAttorneys.com www.CaliforniaBusinessDevelopmentCenter.com www.CaliforniaBusinessDevelopmentPlans.com No communication resulting herein shall create an attorney-client relationship unless a separate retainer agreement is signed by attorney and client. The information provided is not legal advice nor is it conveyed in the course of an attorney-client relationship, but is intended merely as a general overview with regard to the subject matter covered. You should not act upon this information without seeking professional counsel such as any attorney in this office in a subsequent email communication (agreement) and the formation of an attorney client relationship.

Law Offices Michael J. Brooks, Esquire (215) 230-3761 [email protected] “Perspective from the Legal Vantage Point” www.Law-Brooks.com You may try to settle the matter with the newlyweds. Certainly, you feel the changes were appropriate pursuant to the contract terms. Clearly, the newlyweds do not. The courts in general tend to be sympathetic to consumers, and the statutes protecting consumers often provide for treble damages and attorney fees. They made their demand, now you can make your offer, of what you believe is fair to resolve the matter. Keep in mind that the litigation process requires your valuable time, attention and mental energy that you could otherwise use for running your business. With that in mind, your contracts should be reviewed as follows to avoid future suits or at least come out on top if you get sued. • Contract law in many states will allow clauses for you to recover your own attorney's fees from the other side if you win. What's more, the threat of having to pay your attorney's fees may be enough to forestall frivolous lawsuits and get the other side to settle for a reasonable amount before the dispute ends up in court. • With a binding arbitration clause, both sides can avoid the courthouse altogether. Many times, arbitrations of disputes are faster and less expensive than going to trial in court. And arbitrations are private matters that, unlike lawsuits, are not open to public or press scrutiny. • If you are threatened with a lawsuit, check with your insurance agent to see if the dispute or lawsuit may be covered by your business insurance policy. Many business owners are unclear as to what exactly is and is not covered by their business liability insurance policy. Rather than just assuming that a dispute or lawsuit is not covered, it's a great idea to check with your business insurance agent. If the dispute or lawsuit is covered by insurance, then typically the insurance company is required to pay for the legal fees in defending the lawsuit as well as any judgment or settlement that is within the policy limits. • A "limitation of liability and damages" clause in your contracts and agreements with another business actually limits the amount of liability and damages that you may have to incur if something goes wrong. While the other side may not necessarily agree to these types of limitations, it is certainly worth it to ask for them in your contract negotiations.

Understand that you may represent yourself in small claims court. If you can afford the limited time that will take, and your contract has the language you mention regarding substitutions, plus the newlyweds signed the contract obligating them to pay were you to deliver the flowers as specified, you should be able to prevail in your defense. You may want to hire an attorney to write a collection letter to the couple, if you feel they are being unreasonable (and it appears they may be from your description -- but understand you have presented one side of this conflict and none of us responding here has reviewed your contract). A collection letter generally runs less than a few hundred dollars, and often it does the trick of calling the bluff of someone who is trying to get something for nothing. You say the flowers you provided outside weren't used; were there flowers used for the indoor ceremony? If so, demanding a total refund is ludicrous. Do you have any clause in your contract that notes that weather changes or other issues causing a change in the location of the wedding are at the risk of the couple/family and they would have to notify you a specific number of hours in advance of any changes? If not, consider adding this for the future. Now another aspect: is this couple someone who has a lot of connections who could do serious damage to your reputation in your community? If so, you may want to settle for something that would cover your costs and cut your profit. A good settlement is one that will make both sides feel they're getting something but not everything they want. Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship. Good luck! If you feel this answer has been helpful, please consider checking the "thumbs up" box below.

All of the above advice is excellent, but I'd add that peolple who don't have their "ideal day," such as a wedding, bar mitzvah, etc., can be totally unreasonable and emotional, and they may fight a losing battle tooth and nail. You have to decide whether this is one such case and if you are prepared to put that much time into the fight. If not, you may want to consider refunding the money, to give them the sense that "they won" and move onto another good project, which would include revising your contracts so they are ironclad in case this comes up in the future. This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship. To get legal advice, consult an attorney in your local area or the area where the issue is located. It should not be relied upon as legal advice. The response is based on the limited facts provided, and without any independent investigation of the author. Given additional or different facts, the response would likely change. The attorney providing this response is only licensed in Pennsylvania, and you should contact an attorney in your jurisdiction if it is outside Pennsylvania.