contract-law small-claims-court breach-of-contract civil-judgment
Can I sue a client for the &#39;delta&#39; in price if I accepted his (insulting) offer?
<p>I have a client who refuse to respect one of the clauses in our contract and offer an alternative for much less.</p>

<p>Short version: client must provide me a suite in his hotel that costs $10K for a night based on a contract we held in the past (the contract has expired as of 31-Dec-18 but he never rendered the service because I didn't ask for it. We agreed that when time present itself he will render the service).</p>

<p>For some reason, he offers me to have a 6K for the night and argues that it's the same.</p>

<p><strong>Question</strong>: assuming I accept his offer (with reservation) and take the  nights for 6K do I still have the (reasonable) right to sue him for the remining 4K? My concern is that a judge or accepted mediator would say:</p>

<blockquote>
  <p>well since he rendered you the service and you accepted it - you
  can't claim anything anymore?</p>
</blockquote>

<p>so alternatives:</p>

<pre><code>1. accept the offer and sue for the delta (4K) in small court 

2. Not accept the offer and sue for the entire amount but that will be in civil court 
(which I assume takes more time and I may need to use a lawyer). 
</code></pre>

<p>(I have already reasoned with the client but he stays firm in his position).  </p>

<blockquote>
  <p>client must provide me a suite in his hotel that costs $10K for a
  night based on a contract we held in the past (the contract has
  expired as of 31-Dec-18 but he never rendered the service because I
  didn't ask for it.</p>
</blockquote>

<p>The contract mentioning $10K has expired and is no longer relevant. You had a chance for a $10K suite before 31 Dec 2018 but you did not take it. There is no obligation on the client to keep this chance for you indefinitely.</p>

<p>What happens now ($6K suite) is a completely new contract you have accepted. You are not entitled to anything in relation to the $10K suite from the past opportunity.</p>

<p><strong>If the contract requires him to provide you with a suite for the night then the contract is fulfilled when they have done so</strong></p>

<p>The fact that the cost of what was to be supplied when you entered the contract was $X and when it was fulfilled it is different from $X is not relevant to you. The other party took the risk on the price and they bear the cost if it increases or reaps the benefit if it decreases.</p>
