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There are many different kinds of services that can be provided and goods that can be sold. Unfortunately, that means there are many disputes that can arise over whether the goods or services delivered conform with the buyer's and seller's agreement.

What follows is an example of a legal complaint for failure to provide services as agreed. Some of the claims may be applicable to your problem, and some will not. It is always better to consult an attorney before bringing any legal action.

________________________________________________________________________

 )

______________________, an individual )

resident of ___________________,  )

 )

 Plaintiff,  )

 )
COMPLAINT 

vs. )

 )

__________________________., )

a _________________ corporation,  )

 )

 Defendant. )

________________________________________________________________________

 Plaintiff,
______________________, complains and states to the Court:

 1. Plaintiff
is an individual resident of ________________, with residence at
_________________________. 

 2. Defendant
__________________________ is a ________________ corporation doing business in
__________________. Defendant's principal place of business is in
____________________. 

 FACTS

 3. In
an agreement dated _______________, the Plaintiff purchased __________________
[describe services] services from Defendant for $_______________. 

 4. The
Defendant agreed to _______________________ [describe specific terms and
details of services to be rendered].

 5. Plaintiff,
in turn agreed to pay the total price in ______________________ [describe
installment or other payment terms].

 6. The
Defendant did not _____________________________ [describe what services were
lacking].

 7. Instead,
Defendant ______________________________ [describe what actions Defendant
actually took].

 8. Because
Defendant _________________________ [describe what action/lack of action
caused damage to the Plaintiff], Plaintiff _________________________ [describe
how Plaintiff were damaged].

 9. In
order to _____________________________ [describe what Plaintiff had to avoid
or accomplish; for example, preventing further damage to a roof, making a car
drivable, preventing further loss of business because of having no signage,
etc.], Plaintiff _____________________________ [describe what Plaintiff
did to avoid further damage or accomplish necessary work; for example,
temporarily patching a roof, having a proper car part installed elsewhere,
hiring another contractor to paint a sign, etc.].

 10. To
date, Plaintiff has paid Defendant $___________________.

 11. Harm
to Plaintiff caused by Defendant totaled over $____________ for ______________
[give a broad outline of costs incurred; for example, removal of siding
damaged by Defendant, replacement siding, replacement signage installed by
another party, lost business because customers could not find the store, etc.].



 I.
BREACH OF CONTRACT



 12. Plaintiff
realleges paragraphs 1 through 11 in their entirety, and incorporates the same
as if alleged in full.

 10. Pursuant
to their ___________________ [describe agreement], Defendant agreed to
_________________________________ [describe what Defendant agreed to do].

 14. Defendant
failed to ________________________________ [describe what Defendant didn't
do that it agreed to do].

 15. Plaintiff
has performed all conditions precedent under the contract or alternatively such
performance has been waived by Defendant. 

 16. Defendant'
failure to tender the amounts due under the contract constitutes a breach of
that contract.

 17. As
a result of Defendant' breach, Plaintiff has been damaged in an amount in
excess of $___________________ [give minimum amount of damages incurred],
in addition to attorneys' fees.



 II.
UNJUST ENRICHMENT



 18. Plaintiff
realleges paragraphs 1 through 17 in their entirety, and incorporates the same
as if alleged in full. 

 19. Plaintiff
has paid $___________________ in advance to Defendant, who has had use of the
proceeds.

 20. The
use of the proceeds by Defendant constitutes an unjust enrichment of Defendant
at Plaintiff's expense.

 21. As
a result of the unjust enrichment of Defendant, Plaintiff has been damaged in
an amount in excess of $_______________ [give amount paid by Plaintiff over
and above what was spent for work actually accomplished properly by Defendant,
and which Defendant used to purchase materials which were used in that work].

 III.
FRAUD



 22. Plaintiff
realleges paragraphs 1 through 21 in their entirety, and incorporates the same
as if alleged in full. 

 23. Defendant
represented to Plaintiff that ___________________ [describe
misrepresentations made].

 24. Subsequent
events led Plaintiff to conclude, on information and belief, that that
representation was false. Defendant has not [describe what was false about
the representations and how Plaintiff discovered it]. This set of
circumstances leads Plaintiff to the good faith belief that Defendant
misrepresented some or all of the facts concerning the sale.

 25. Those
representations were falsely made, and material to Plaintiff's decision to
employee Defendant as ______________ [Defendant's role].

 26. The
representations above were susceptible of knowledge by Defendant, and Defendant
knew their representations were false when made.

 27. Defendant
intended the representations to be relied on by Plaintiff in deciding to [describe
what Plaintiff hired Defendant to do, based on the misrepresentations].

 28. Plaintiff
was, in fact, induced by the representations to allow Defendant to [what
Defendant was supposed to do for Plaintiff]. Plaintiff's action in
allowing Defendant to [what Defendant was supposed to do for Plaintiff]
was in reliance on the representations, and as a result of the representations,
Plaintiff suffered damage. 

 29. Defendant'
misrepresentations have caused Plaintiff damages in excess of $___________ [amount
of damage Defendant suffered because it relied on the misrepresentation].

 IV.
ACCOUNTING



 30. Plaintiff
realleges paragraphs 1 through 29 in their entirety, and incorporates the same
as if alleged in full. 

 31. Despite
demand, Defendant has failed and refused to provide Plaintiff with any
documentation regarding the _______________________ [describe use that money
paid was to go toward]. 

 32. As
Plaintiff's agent, Defendant have a duty to provide such documentation.

 33. Plaintiff
seeks a Court Order, commanding Defendant to give Plaintiff an accounting of
all information and documentation concerning the _______________________ [describe
use that money paid was to go toward]. 

 WHEREFORE,
Plaintiff demands judgment against Defendant in excess of $_______________, in
addition to additional amounts accrued to the date of trial, an accounting,
reimbursements for all costs and disbursements herein, including attorneys'
fees, and accrued interest thereon. 

Dated: , 20___. 



 ____________________________


 Plaintiff's Attorney
 Attorney at Law