Arden, NC asked in Contracts for North Carolina

Q: Contract says: "design drafting time will be accounted for on a biweekly basis". I never got invoices or cost updates.

I asked for invoices / cost updates several times and was ignored. We wanted to stop work on the design if it started going over a certain price. We finally receive a first invoice 2 months after signing the contract and it is almost double the retainer amount. We would have stopped work on the project way before this amount. Do we have to pay the invoice? It seems the contractor breeched his end of the contract by not providing the incremental invoices.

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1 Lawyer Answer

A: This language is fairly ambiguous. I am not sure that you could establish a breach but it is an argument to be made. If the contract didn't place a cap on the services, that could make it more difficult. However, they also failed to respond to your inquiries which shows that you were actively seeking information on the contract. I would attempt to negotiate a resolution for less than the full balance.

1 user found this answer helpful

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