Appellate Practice Attorney serving New York, NY
You can include such a provision in your contract, but it's a bad idea. What's a dishonest statement? Does the person have to know it was false when he/she made it? If so, how are you going to prove that the person knew he was lying? ARe all false statements equal? What if a person says they will be at an appointment at 3 and they arrive at 3:01? Is that equivalent to someone falsely stating that they have done repairs up to code when they haven't? Do you have to endure 4 instances of such extreme misconduct before you can terminate the contract? If someone says it will cost $200 and then only charge $100, is that a dishonest statement?
In general, tying a right to terminate a contract to a dishonest statement is too vague. Better to tie it to actual performance. Off the top of my head, I think a bettwr way to go is something along the lines of a requirement that the vendor must give at least 24 hours written notice if it is unable to keep an appointment or is going to be more than 15 minutes late and a failure to do so will be considered a material breach of the contract and grounds for termination. There's no reason to allow a certain amount of screw ups because you can always forgive them if you want, but at least reserve the option to terminate the contract if you want.
Answered on Jan 05th, 2021 at 2:52 PM