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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?

so alternatives:

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).

  • I'm a little confused here, you are saying that the contract requires him to provide a room at $5k/night ($10k for 2 nights) but he offers you a room for $6k/night ($12k for 2 nights)... where does the $4k come in? When you say "based on a contract we held in the past", is that a current contract, or an expired one? – Ron Beyer Apr 25 at 17:55
  • @RonBeyer you're right. I changed the version to make it simpler. thank you! – ProcolHarum Apr 25 at 18:14
  • I'm still not sure that I see where you are out money... the client is offering the room for $4k/night less than the contract rate, are you arguing that you should be paying more for the room? Are you saying somehow the room that he is offering is different than the $10k/night room, or are they the same room? You are right in that if you accept the offer, no remediation is going to be left for you. What you would have to do is to get a (substantially) similar room in a different hotel and sue him for the difference (assuming the $6k/night room is not the room you want for $10k/night). – Ron Beyer Apr 25 at 18:18
  • @RonBeyer correct, the room he offers is less then 10K/night (it says it is 6K/night) – ProcolHarum Apr 25 at 18:20
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    Is the "Presidential Suite" (capital letters used intentionally) a single specific suite at this hotel, a class of suites at this hotel, or just a common name "presidential suite" for a very fancy multi-room unit with personalized service, etc? Also, the offer to upgrade to an even nicer suite might not be valid for a complementary room or room acquired through a program/discount/ whatever. The hotel does not have to offer the same option to upgrade as it does to a person who paid the full rate for the original room. – Damila Apr 26 at 20:22
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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.

The contract mentioning $10K has expired and is no longer relevant. You had a chance for a $10K suite before 31 Dec 2018 but you did not take it. There is no obligation on the client to keep this chance for you indefinitely.

What happens now ($6K suite) is a completely new contract you have accepted. You are not entitled to anything in relation to the $10K suite from the past opportunity.

  • Not necessarily disputing this answer, but would need to hear from OP exactly what "We agreed that when time present itself he will render the service" means and, in fact, what OP means by the contract has "expired." – A.fm. Apr 27 at 5:37
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If the contract requires him to provide you with a suite for the night then the contract is fulfilled when they have done so

The fact that the cost of what was to be supplied when you entered the contract was $X and when it was fulfilled it is different from $X is not relevant to you. The other party took the risk on the price and they bear the cost if it increases or reaps the benefit if it decreases.

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I don't know where you are, but generally, if you agree to something you can't sue someone later. https://www.upcounsel.com/modification-of-contract

  • can you point where it says that you can't sue later? – ProcolHarum Apr 25 at 18:23
  • Read the link I gave you. Agreeing means that you accept the offer. – Putvi Apr 25 at 18:24
  • It says: You can modify a contract at any time as long as all parties involved in the agreement consent to the changes. I'm not agreeing to the modification so what's the alternative? Assuming you paid 10K for the night and as you get there you noticed that have given you something less in value. Would you walk away and seek other alternative? Or would you accept it and sue for the difference? This is where I'm not sure – ProcolHarum Apr 25 at 18:29
  • Where is this accept and sue coming from when you agreed that a contract can be modified by consent? Consent means you agreed and accepted the contract. There is no suing after that. – Putvi Apr 25 at 18:31
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    Please provide an answer rather than a link – Dale M Apr 27 at 0:12

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