I have a client who refuse to respect one of the clauses in our contract and offer an alternative for much less.
Short version: client must provide me a suite in his hotel that costs $10K for a night based on a contract we held in the past (the contract has expired as of 31-Dec-18 but he never rendered the service because I didn't ask for it. We agreed that when time present itself he will render the service).
For some reason, he offers me to have a 6K for the night and argues that it's the same.
Question: assuming I accept his offer (with reservation) and take the nights for 6K do I still have the (reasonable) right to sue him for the remining 4K? My concern is that a judge or accepted mediator would say:
well since he rendered you the service and you accepted it - you can't claim anything anymore?
1. accept the offer and sue for the delta (4K) in small court 2. Not accept the offer and sue for the entire amount but that will be in civil court (which I assume takes more time and I may need to use a lawyer).
(I have already reasoned with the client but he stays firm in his position).