Business question, while I do have an agreement with someone they kind of freak out on me. What should I do ?

I have an agreement with someone to do some work for me. While they have NOT started the work they did freak out today. I seen a side that I feel could be trouble even with the agreement in place, like they could walk away and the job is half done. Now they have called and said sorry, they will start the work this weekend, I told them not to worry, I will find someone else. Due to the fact that they could do this again, and I be the one holding a job half done. They are not to happy. Should I just let them do the work, or pull away all together ? I am sure you have seen things like this is the past, and even with an agreement I could be in a real bad spot. Thanks for any insight.

Dallas, TX -

Attorney Answers (2)

David M Blain

David M Blain

Litigation Lawyer - Dana Point, CA
Answered

Anticipatory repudiation is a contracts rule that excuses perfomance of a contract by party A because Party B clearly and positivley, by conduct or words, communicated his inability to meet the requirements of the contract.

You provide very little facts about the contract, the other persons conduct, and what exactly they "freaked out" over. Was it even related to the contract or their ability to perform the requirements of the contract?

The issue is further complicated by the fact that the "freaking out" party returned to you prior to the work being required and stating he is ready, willing and able to perform his duties. He's arguably providing you with the assurance to carry out the contract.

I would suggesst speaking to a local attorney.

This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not... more
Robert John Murillo

Robert John Murillo

Business Attorney - Boulder, CO
Answered

You don't have much of a basis to breach the contract. You being freaked out over something that you don't describe does not support breaking the contract. You have a contract. Unless you have evidence that would establish anticipatory repudiation or other substantive defense, you are stuck.

Since you provide no relevant facts and one would need to review your contract, speak with a local contract attorney before you make a mistake that lands you in court.

This answer is for informational purposes only and is not legal advice regarding your question and does not... more

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