QUESTION

Can I sue for IT services NOT rendered?

Asked on May 01st, 2015 on Breach of Contract - Virginia
More details to this question:
We have no contract with this IT company. We have paid for equipment that we never received and we have also made payments for labor (service hours) that we have not received. This company has our old hardware and still has unfinished work to complete, but will not respond to calls or come back and finish the job they were paid for. I have an itemized receipt for equipment and software that was never installed. That is not debatable, these are tangible items that we do not physically have. The services NOT rendered, I suppose, are debatable. The job was paid in full but not completed, at this point, I don't even want this company to come back and finish the job, but I have paid for the job in full, so feel I am entitled for a refund.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
You have a contract with the IT company, and, assuming that what you write is true, the IT company breached it.  Most contracts are not required to be in writing to be enforceable (but a document certainly makes it easier to prove your case) and, even if you didn't have an enforceable contract, you could still sue for the amount of money you paid minus the reasonable value of the services the company provided. 
Answered on May 01st, 2015 at 7:29 AM

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