When to sue for loss of business

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Original Message Added : 7 Mar 2009

Hi!

I set-up my company late last year and contacted a company to install our phone lines (1 analogue and 2 ISDN lines). They installed the analogue line on Christmas eve but we are now in March and they still have not installed the ISDN lines or the phone system.

Each time we contact them they just say 'we'll get back to you'. This is through phone conversations and via email. We have spoken to a number of people from the original sales person through to the customer services manager but to no luck.

We have lost so much business because we cannot get our sales people making calls.

Can we sue for loss of business?

Any help would be much appreciated.

Thank you

Useful?

	Kash Malik
Location :	Shipley
Joined :	07 March 2009
Posts :	2 ( 0)

Reply : 9 Mar 2009

In most of the contracts governing installation of telecoms there is a restriction on the liability for loss of trade etc. This should be your first point of call, getting the contract reviewed, it is a service we offer and can save thousands in defeated claims. The second point is whether the contract terms reflected a firm date of installation with the contract clearly stating this deadline was essential to the contract being formed. In your favour, the core nature of telecoms is essential to business but for you to bring a case, even in the unlikely case of your contract not excluding or restricting loss of business claims, you have to prove the loss.

Useful?

	Sue McGaughran from LawHound Ltd
Location :	Chester
Joined :	25 September 2008
About :	Law on line for businesses and law firms
Posts :	115 ( 51)

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