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View Full Version : Caterer changing requirements after contract signed


pattiaaronh
05-24-2004, 08:40 PM
I am not sure what to do and so need some help. My fiancee and I found the perfect reception and caterer. When we toured the area we felt so pampered and welcome. We went to an event and saw that the service was awesome as well as the food. We signed the contract and planned our menu. We guessed that we would have 120 people as that is how many we invited. We have 8 months until our big day and figure that we might get 80 to 100 people. The contract says that they have a 100 minimum. We have it in our budget to pay for 100 and if we are lucky to have 120 people as well. I asked what happens if 100 people show up instead of 120 and now the contractor says we have to pay for 120. I hardly think this is right seeing that we will have to contact the caterer and hall prior to the food being prepared and bought, so why should we pay for people that are not there when the contract clearly states 100 minumum? Please let me know if this is reasonable and how to handle. I appreciate your help greatly.

Lithofacies
06-24-2004, 02:12 PM
I'm not a lawyer, but this would be my course of action:

If it says 100 minimum and it is signed, with no later addendums (signed by both parties), then it does not make any sense that you now are required to pay for 120. Check the contract top to bottom just to be sure.

If you can't find anything supporting their claim, ask for them to cite where in the contract document you must pay for 120 people. If they cannot show where in writing you agreed to pay for 120 people, be assertive. Let them know that they have no legal basis to require you to pay for more than the contract stipulates.

Hopefully, you won't need to deal with anything beyond that point, but I'd be happy to offer some possibilities if it does. Good luck!