Q: What case can I make against an apparel manufacturer who violated deadline agreements and botched samples intentionally?
We are an apparel startup, that partnered with The DNA Group located in San Francisco on August 2017. We had come to an agreement regarding expected deadlines, and proper execution of our desired product. However, as time continued to pass we were given nothing, not even samples which is generally a 3-6 week process, especially on the small order quantity we had requested. After 9 months we finally received our first round of samples, which was done very poorly, and we believe that the DNA Group had intentionally botched samples so that we would be forced to pay for alterations. The project manager,xxxx, who we were in contact with throughout the process, continually crafted excuses on how they were "working on it" but we knew this was an empty statement. He repeatedly made these excuses, and also would avoid responding to our emails that expressed our concern in the process. There have been other unhappy clients who experienced similar issues. We would appreciate feedback.
A: If you can prove that the company intentionally violated agreements and botched samples, then you would have a good case for fraud and (assuming you have a contract with the company) breach of contract. However, it is often difficult to prove an act was intentional, rather than negligent. Most people lie about their actions, so you would need to have witnesses testify in Court on your behalf, or some good documentation confirming your accusations. Either way, in my opinion, you would have a case against them.
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