QUESTION
Can a photographer change a contract without my signature or approval?
Asked on Jan 05th, 2016 on Contracts - New York
More details to this question:
Also what is the statute of limitations on a contract in NYC? I have a contract with a photographer to make my wedding albums and print package. The contract was signed 2011, for my wedding in 2012. Now we have finalized our design (we went back and forth with revisions) and the photographer wants an extra charge for yearly increase fees that we never agreed to (verbally or written). Our contract does not state anything about time limits for finalizing the design. We will gladly pay the balance we owe as per our contract but we don't think we should have to pay an extra fee that we are being told about now. Also the photographer said he is not including our mini albums (which is on our contract) because he no longer makes them anymore. Also he threatened to destroy our design and pretend it happened during a big storm. I am looking for advice and also a lawyer to help me sort this situation out. Thank you
1 ANSWER
A contracting party cannot unilaterally change a contract. The statute of limitations for breach of contract in NY is 6 years from the breach. Thus, if the photographer refuses to perform his/her obligations under the contract unless you pay additional fees not called for by the contract, you would have six years to sue him/her for that breach. That being said, there are arguments to be made on the photographer's side as well. For example, where a contract does not state a time period within which it must be performed, the Court will infer a reasonable time. If the photographer can show that the reason for the delay was your failure to finalize a design within a reasonable time, and that his/her costs rose in the meantime, you could be responsible for those extra costs.
Answered on Jan 05th, 2016 at 11:01 AM