I just got married on saturday and my florist sucked. I hired her, she works for herself. She never told me she had any other employees and never made any remarks indicating she would not be setting up at my wedding. Two hours before my ceremony a woman I never met nor heard about shows up at my room with my bouquets. At the ceremony site, the organza swag I paid for was not used. Two key elements in my altar pieces that were in my contract were not utilized and the flowers were already wilting.
For the reception, I paid for 35 individual flowers of 3 specific types. Only 20 were used, the other 15 were nowhere to be found, AND they were the wrong flowers that had nothing to do with any of my arrangements and were never discussed or in the contract. Did she breech the contract?
Yes, it certainly sounds like breach of contract. However, without having read the actual contract you signed, it is difficult to advise you accurately regarding your rights and remedies.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
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Yes, but as my colleague notes, your damages would be hard to quantify. I think the fact that she had an employee is to be expected. As for elements that you specified in your contract and were not included, you should have a claim for a partial refund.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.
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