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ARTICLE ID 192638

$________ Business Negligence – Breach of contract – Plaintiffs hired to perform audit work for the defendant and do not receive agreed compensation – Failure to pay for services rendered.

U.S.D.C. - District of New Jersey

The plaintiffs in the breach of contract case are two auditing companies that were hired by the defendant to determine if the defendant was being overcharged by its landlords. The plaintiffs performed the work and maintained that per an agreement between them and the defendant they were entitled to a percentage of the overcharges as payment. The defendant

The defendant in this breach of contract case is a national restaurant chain. The defendants believed that they were being overcharged by their landlords for maintenance of common areas in several leases the defendants had with multiple malls. The defendants hired the two plaintiffs to independently audit these leases and contracted to pay the plaintiffs a percentage of the overcharges if overcharges were found. The plaintiffs maintain that they performed the required audits, discovered the overcharges and were entitled to the contingent fee agreed to by the defendants. The plaintiffs alleged they never received that fee. The defendant denied breaching any contract or fiduciary duty and argued that the plaintiffs were misinterpreting the contract and that factors independent of the plaintiffs audits, led to a renegotiating and settlement with the landlords therefore negating the contingency fee.The jury found that the plaintiffs were entitled to a 50% contingency fee that the defendants in bad faith failed to pay the plaintiffs and awarded the plaintiffs $________.

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