Contract requires mediation and protects them in other ways, but I want to pursue.

R

rebeccaDT

Guest
Jurisdiction
Texas
Hello,

I am new here, so hopefully I am doing everything right...I am looking for general advice about my options if a contract requires mediation instead of a lawsuit and otherwise protects them from paying for what they've done.

Clarification on jurisdiction: I selected TX because that is where I am, but the opponent in this matter is located in CA.

In a nutshell, I have a small business. I contracted with another business to provide a service for me. When we were working through the contract, I expressed my discontent with some language in the contract stating that I would not hold them responsible even if they messed up (paraphrasing obviously, can provide the actual language if needed), requiring mediation in place of a lawsuit, and capping the amount they'd have to pay as compensation if so ordered. I implored them to take this out or modify it, and they refused. I did extensive research and this is standard language for this type of service in my industry. I needed their service and I needed it fast, so I signed.

Well guess what, they did mess up. Big time. And they attempted to cover it up. All my attempts to communicate with them about this went unanswered. When I sent them an actual report of the losses they caused, they cut off my access to my own data (which the contract states they cannot do) and I immediately terminated my relationship with them.

The losses they caused amount to a hefty sum, and I want to pursue it.

I am considering writing them a demand letter laying out my complaints and demanding compensation, but assuming they disregard it or otherwise blow it off, what then? I don't want to take the time to write it and rehash all of this if I really have nowhere to take it, but their screw-ups and their attempts to hide it cost my business $85K+ which is a lot for a business this size. I want compensation.

Any thoughts?

Thank you so much in advance!
 
There may be terms in that contract that may be unenforceable. No way to predict.

But for that kind of money, you hire yourself a lawyer.

Or kiss the money goodbye.

Plus, the defendant is in CA, making a small claims lawsuit impossible.
You desperately need real legal advice from a TX licensed attorney.
 
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