Re: Loss of Revenue - VMS program not completed and malfunctioning

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You may have a breach of contract action but without a thorough review of the Contract and any amendments thereto, together with all correspondence and memorandums regarding this agreement, it is impossible to provide any viable advice. Contract law is very detailed and all aspects must be looked at closely. You should meet with a qualified attorney who can review all of the aforesaid and any other information you have and then advise you of your legal rights and obligations.

Scott R. Jay, Esq.

Re: Loss of Revenue - VMS program not completed and malfunctioning

NOTICE: The information provided in this response is not, nor is it intended to be, legal advice. Many factors contribute to providing legal advice, including the specific facts of a situation. You should consult a competent attorney in your jurisdiction for advice regarding your individual situation. By reading the "Response" to your question or comment, you acknowledge that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then do not read any further.

It is not possible to tell from the facts you presented whether you have a claim or not. It is going to be absolutely critical that you review the contract (and any addendums, extensions and correspondence between the parties) with an attorney to determine what the obligations of the vendor were, particularly deadlines for completion of the project. You use the term “signing off” in your chronology – it is not clear if you actually signed documents approving the change in timeframe for completion of the project or not or if you signed a document accepting the completion of the project. First, you will need to determine if you have a claim for breach of contract- i.e. that the vendor failed to perform as promised. Then you must evaluate the potential damages you have suffered. You mention some very significant dollar amounts – it will be very important to provide your attorney with the analysis supporting these amounts. I would urge you to consult with a business litigation attorney to evaluate the facts of your potential claim.

Re: Loss of Revenue - VMS program not completed and malfunctioning

You may have a cause for breach of contract and/or warranty. Alot depends on the more detailed facts and the terms of the contract(s) and any addenda. If you would like to discuss a formal consult, please contact my office.