Step-by-step legal action and a negotiated settlement in a services fee dispute between U.S. companies

In a services contract between U.S. companies, the counterparty refused to pay, claiming it had been overbilled. We represented the client from the legal review through the demand for payment, the settlement negotiations and the drafting of the final settlement agreement.

The main issue was whether the fee set in the contract was a Fixed Fee, or whether it could be reduced after the fact based on the actual hours or volume of work. The scope of services under the contract and the payment obligation were also at issue.

We analyzed U.S. contract law and the fee and scope of work provisions of the contract, reviewed the evidence of the work performed, and organized the legal basis for the payment claim.

On that basis, we sent the counterparty formal letters in stages and a Demand Letter in the attorney's name, and conducted settlement negotiations. We then drafted the final settlement agreement reflecting the results of the negotiations.

Through step-by-step legal action and negotiation, we obtained a settlement on the terms the client wanted, and resolved the dispute by completing the final settlement agreement.

Related U.S. practices: Business & Commercial Disputes