Question posted in the General Law category relating to Eastern Cape
Hi
I need a quote for someone to peruse an agreement and give me a legal opinion on the consequences of an alleged breach of the agreement. The agreement pertains to the funding of a technical project.
The document can be found here: uYIlo Agreement
Regards
Blake
Message from the Attorney
Perhaps you could explain a little bit more about the alleged breach, and we can take it from there?
Message from the Customer
No problem.
We received a grant from uYilo about a year and a half ago to develop a prototype battery charging system for mobile vehicles.
The project was broken into milestones, with us receiving a specified tranch of funding on the completion of each milestone.
Due to a number of circumstances, we were not able to complete the project in its entirety. Instead, we completed up until milestone 2 (of 4), for which we were paid the amount stipulated (as specified in Annex A, Table 4: Payment for completing up until milestone 2.
Since we are now unable to complete the remaining 2 milestones, the funder is saying we are in breach of the agreement and is wanting a complete refund of the money paid out for achieving the initial level 2 milestone.
It is our contention that they are not entitled to any return of funds since we have completed (and incurred costs for) for the milestones as they stipulated in the agreement. In other words, the payment is for work already done, and we have not received any funds for work still to be done.
We would like a qualified person to offer an opinion so that we can make an informed decision as to how to proceed.