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Contract Termination – Equitable Adjustment

By: Derek Hawkins//May 26, 2020//

Contract Termination – Equitable Adjustment

By: Derek Hawkins//May 26, 2020//

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WI Court of Appeals – District III

Case Name: Karen Mayo v. MODS International, Inc.,

Case No.: 2019AP621

Officials: STARK, P.J.

Focus: Contract Termination – Equitable Adjustment

MODS International, Inc., appeals a small claims judgment awarding Karen Mayo $10,000, plus costs. MODS argues the circuit court erred by determining that MODS was not entitled to an equitable adjustment of the time in which to complete its obligations under the parties’ contract. MODS also argues that Mayo did not terminate the contract for cause, and MODS is therefore entitled to costs incurred as a result of the termination, along with overhead and profit on work not executed. We reject MODS’ arguments and affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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