what are my options when a sub contractor breaches a contract and does not perform

[Party101]

I run a professional DJ service. I occasionally sub-contract other DJs to handle gigs when I am already booked and more than one booking comes in for a particular date. I recently sub-contracted a gig to a DJ for May 5th. She signed my contract agreeing to perform, and today (5 days) before the show she has backed out claiming that she got offered a full time gig at a nightclub. Now I'm stuck without someone to cover the event she contracted for. Can I sue her for breach of contract? If so, can I sue her for the amount of the contract plus damages? Or what is my recourse in a situation like this? Any advice would be greatly appreciated. I want to act in the best interest of my business, because I'm tired of people not honoring their word or my contract!

[Steve B]

What does your contract say? The answer should be there.

[vangogh]

Like Steve said what does the contract say? Is there anything in there about canceling and what each party is responsible for should they have to cancel?

Odds you can take her to court, but I'd ask yourself if it would be worth it. What damages could you reasonably recover in a lawsuit and how much will it cost you to recover those damages. I'm not saying you shouldn't go to court. Just saying it's not always worth the effort. Is it possible you can find someone to cover the gig. I know there's not a lot of time, but is it possible? If not could you hire another company to work it? First and foremost you want to make sure the customer gets a DJ. If you have to hire someone and you lose money overall you'd know what your damages were in the case you do decide to go to court.

First and foremost spend the time finding a way to make sure the event is covered. Worry about any legal action after.

[tmerrill]

Any lawsuit is time consuming. When a landlord kept my deposit, I took her to court. I got my money back, and because it was such a large amount it was worth the effort. But I didn't have to worry about my business or my business' reputation when I sued my former landlord. I would definitely think hard about the costs and benefits of legal action, as vangogh said.

[vangogh]

Yep. I think we often think to go to court as a first instinct when we feel we've been wronged, but you really have to weigh whether or not it's worth it. Going to court takes time and probably costs money. Like you said there could be a hit to your reputation. Sometimes it's better to take your losses and move on.

[huggytree]

obviously i wouldnt work with this DJ again

do you have a business plan for these situations?......have a backup that can always make it so you keep your customer happy....even if it costs you lose money

you can try to punish them if you wish and hopefully you already have a backup for your backup??

if your backup costs more id send the original backup the invoice for it....thats what id take him to court for...the $ you actually lost

i might do it...but im hard core when it comes to collections.....im the type who'd pay $1,000 to get $100 back

decide whether its worth it for you i guess