Why You Need to Know What ‘Substantial Performance’ means
Throughout the week, I’m asked to offer advice on several radio shows for listeners from Watertown, NY to Syracuse, NY, and throughout the southern tier. Listeners have questions. And at Stanley Law Offices, we believe knowledge is power. This past week, a listener had a question about a medical provider.
This couple had hired a midwife. The midwife showed up at the time of the baby’s delivery but didn’t show up all of the time the woman was in labor. The listener wanted to know if they still had to pay the midwife’s bill.
No. Why would you have to pay the bill? The midwife may want to send you one, but no service was ultimately rendered. In this case, I would write a letter back saying you didn’t come and you didn’t provide the services. In this case, the listener stated the midwife threatened to sue for the balance.
Why would you pay the bill? The midwife may want to send you one, but no service was ultimately rendered.”
That’s an interesting argument because you will sue because you didn’t perform the contract. I mean, that’s a new one. There are people who make all sorts of absurd arguments. Just because you have a piece of paper, you must substantially perform a contract before you can collect it.
No performance doesn’t get you anything, as far as I know, unless the law has changed since I woke up this morning, which I don’t think it has.
When you didn’t perform a contract, whether it’s in writing or verbal, it doesn’t matter. You didn’t do the work. You have to do it. If you don’t perform a contract, you can’t sue to collect on the contract because – you didn’t do the job. You didn’t show up. The legal term is substantial performance. You have to substantially perform a contract before you can sue for it.
Joe Stanley is a personal injury attorney with the Team at Stanley Law with offices in Syracuse, NY, Binghamton, Watertown, Rochester, Oneonta, and Montrose, PA. You can reach him with your questions at Joe@StanleyLawOffices.com or at 1-800-608-3333.
