QUESTION

How would I add into an agreemt terms such as... we'll only allow (2,4,or 7.... a certian amt) of dishonest statemts in writing b4 citing a breach of

Asked on Jan 05th, 2021 on Breach of Contract - Wisconsin
More details to this question:
The statement I was trying to write was something to the affect as.... Association will only allow 4 (four) dishonest statements in written communication from vendor before citing a breach of contract. So my question is, would it even be possible to include a statement such as this into an Agreement/Contract? I'm on the BOD of our condo owners association and we are having issues with a couple of our vendors stating in emails times they plan on contacting us or days they plan to complete onsite projects and then it never happens. They, consistantly, do not keep their word. If we can show proof of the consistancy of their false statement(s) is it possible to somehow word a stmt to immediately cite them for breach of contract? Or, am I just really reaching into thin air with this one? Thank you so much for your time! It is much appreciated!!
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1 ANSWER

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

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