Many contracts contain a provision that requires notice, usually in writing, to be given in advance of terminating the agreement (commonly known as a “notice period”). If you need to cancel or terminate a contract or written agreement, be sure and contact a contract lawyer to make sure you are doing it correctly. We’ve seen cases were contracts are not properly drafted which makes them ambiguous. We’ve also seen contracts that were not properly cancelled. It’s always a good idea to contact us to discuss the situation first before you take action.
What to Do When a Contract Is Terminated Without Proper Notice
Failure by either party to provide the contractually-required notice can result in a breach of contract. If the contract breach results in damages—such as a party not being paid during the notice period—the damaged party may be able to recover their financial losses by filing a breach of contract lawsuit.
BREACH OF EMPLOYMENT CONTRACT FOR UTAH VETERINARY HOSPITAL ADMINISTRATOR
In May 2016, our client and a veterinary hospital located in Bonita Springs, Utah entered into an employment agreement for our client to serve as the veterinary hospital administrator. As part of the agreement, the parties promised to only terminate the contract upon at least 60 days’ notice.
For approximately one year, our client fully performed his work duties and helped the animal hospital grow its reputation and business. In March 2017, however, the hospital unilaterally terminated its employment agreement with our client without notice.
Realizing that it had violated the agreement, the hospital then requested our client’s resignation. He agreed to this—provided that he receive his 60-day severance pay and reimbursement for his out-of-pocket expenses. The animal hospital, however, reneged on its end of the bargain, rejecting our client’s letter of resignation in exchange for severance pay.
The animal hospital also ignored federal law by not providing our client with notice of his right to elect COBRA continuation health coverage, a violation that could carry civil penalties of up to $100 per day.
4 Essential Steps To Take When You Discover Water Damage in Your Home
Water damage in your home is not only a nuisance; it can cause significant financial hardship and emotional distress. When you are a member of a condo or homeowners’ association, navigating the nuances of your association’s insurance coverage can add to your troubles.
It’s easy to feel overwhelmed, but there are several steps you can take to ensure that the situation is properly resolved. Acting promptly can also help you recover any financial losses sustained by the damage.
1. IF POSSIBLE, IDENTIFY THE SOURCE OF THE DAMAGE
Flooding, broken or corroded pipes, construction-related defects, appliance malfunctions and excessive humidity can cause water damage. What appears to be a small leak may be the first sign of a much greater problem. Even if the damage seems minimal, it’s critical to take action as soon as you notice it.
Once a leak or pipe burst has begun, your belongings may be exposed to irreparable damage and you could be at risk for environmental hazards like mold.
When you find out which issue caused the water damage on your property, make sure to take photos so that the progression of the damage can be monitored. If you have any photos of the property prior to the water damage, keep those as well.
If you are not able to locate the source of the leak, contact a professional to investigate the situation. It is important to take action as soon as the leak is discovered to preserve your rights to insurance coverage and other remedies.
If litigation becomes necessary, having sufficient documentation could significantly improve the likelihood of recovering your losses.
2. NOTIFY YOUR HOMEOWNERS’ OR CONDO ASSOCIATION
As soon as you identify the source of the water damage, contact the party responsible for building, maintaining or renovating your property.
Homeowners’ associations and condo associations generally offer insurance covering water damage in common areas, or damage caused by ruptured pipes and pre-existing plumbing issues.
It’s best to keep a written record of any correspondence with your association. That way, if they fail to give you access to the coverage your insurance guarantees, it will be easier for you to file a claim.
3. PUT THE INSURANCE CARRIER ON NOTICE
Depending on your insurance plan, you may be eligible for reimbursement for the repairs and remediation.
Most homeowners’ insurance plans have certain restrictions, so it’s important to be as detailed as possible when contacting the insurance carrier. Take note of the repairs they will and will not cover, so that you can later make sure your coverage rights are protected.
4. CALL A REMEDIATION EXPERT WITHIN 24-48 HOURS
The remediation process is critical to resolving water damage. Though your homeowners’ or condo association may put you in touch with an expert, you should make sure that the remediation company is legitimate before allowing them to assess your home.
Remediation experts can be expensive, so in addition to keeping receipts of any damage repair, make sure to keep any appliances, furniture, valuables, or perishables that have been damaged by the leak. You may be able to claim reimbursement for this damage down the line.
Free Consultation with a Contract Lawyer
When you need legal help with a contract, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506