A museum dedicated to documenting the works of the father of the surrealist movement is in hot water after a marketing company accused it of failing to follow through on a business agreement, according to local news. The Florida-based Salvador Dal Museum has been sued for breach of contract by Markalyst LLC. The marketing agency alleges the museum agreed to pay a set amount for consultation services but have failed to pay up.
The suit, filed in Volusia County on Dec. 20, states that the Museum agreed to pay $300,000 over a set period of time for services rendered by Markalyst. The marketing company says it was tasked with developing new marketing objectives and strategies for the famous museum. The suit goes on to say the Museum made partial payments between January and August of 2013 totalling $66,800. However, the Museum allegedly refused to pay the outstanding balance.
Markalyst has filed for breach of contract and unfair enrichment, and is hoping for a jury trial to be approved in this case. They are seeking undisclosed damages, and have secured legal representation. However, as of this writing, no court date has been set.
A breach of contract, if it is proven, is an untenable business practice. Here in Florida, the average business owner knows that contracts are the lifeblood of fairly competing in the marketplace, and blatantly ignoring them or otherwise not fulfilling the obligations they outline is a failing on the part of a business. Seeking third-party mitigation in such cases is potentially a good way to settle these sorts of disputes amicably.
Source: tampabay.com, Salvador Dali Museum consultant files breach of contract lawsuit, Jeff Harrington, Dec. 27, 2013