Successful motion by Schenck Price Partner Eric Inglis reduces claim against client from hundreds of thousands of dollars to under $25,000.

Inglis’s client, a marketing company, entered into a contract with a multi-million dollar corporation to re-design their website and provide additional marketing services. After several months of contracted work, relations between the parties deteriorated and resulted in the termination of the contract. The plaintiff-corporation sued Inglis’s client, claiming its website redesign and deficient marketing services cost plaintiff hundreds of thousands of dollars in lost revenue. The contract, however, included a clause capping any potential recoverable damages at the amount the client earned from the contract and further barred the recovery of consequential damages. Despite a vigorous argument from the plaintiff and challenging case law, Inglis persuaded the New Jersey Superior Court to enforce the contract as written, which vastly reduced his client’s exposure to any claims.

This result validates the wisdom of carefully written contracts that mitigate risk and emphasize the benefits of aggressive advocacy.