Arden, NC asked in Contracts for North Carolina

Q: Follow-up question for Paige Kurtz about the contract question I asked before...

Thank you for your help. I forgot to add that another section of the contract states: "Down payment for design retainer in the amount of $1500 to be paid at the onset of project. Invoicing shall be based on the accumulated hourly rate & the retainer will be withdrawn from bi weekly invoices." There was no cap on the services, so the invoices were the only way I could control cost of the project, and I never got that opportunity even when requested. I would have requested ending the work way before the cost got as high as it did had I known about it. The contract also says that both parties must agree to end work on the project, and he has cancelled work on the project without me agreeing. Thank you.

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1 Lawyer Answer

A: You are likely to be able to make a case that the other party has breached the contract, but it is probably best to attempt to resolve it without litigation. I believe the failure to produce the bi-weekly invoices, particularly upon request, is likely a breach.

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