I recently built a stainless steel desk for a customer in Wyoming who is a prime contractor for ICE in Casper. All told this is about a $20k desk. We built the desk exactly to the specs given, which were not highly detailed. We have a documented offer, acceptance and consideration given, so we have a contract. I have T's & C's in my bids when they go out, as part of my offer to work. We do not have a PO document from the customer - everything was verbal on their end, and my relationship is with the prime and in no way am I contracted with ICE.
Mea culpa, I was "late" delivering the desk - because I have been recovering from my health issues. Our estimates say 3 to 4 weeks estimated delivery and we were twice that. I was heavy in commuication with the Prime to make sure they were aware of the dealys. Ultimately the customer didn't like some of the ways we went about making the desk, some of the design treatments specifically. Again, of the plan document we received there were no specifications for anything beyond the essential/critical dimensions and key details. The customer never asked us to provide detailed drawings of how we are going to manufacture the desk. So we used our experience which is presumably why they hired us.
However, at this point they don't want the desk - ICE has cancelled the contract for the desk and gone with a different vendor. The Prime wants us to come pick up the desk and repay the deposit. I think we performed on our contract. Further we offered to go up to Casper and correct the very correctable issues they were concerned about. But there was no interest in that.
I am content to file for the maximum allowed in small claims court which I think is $7k, for breach of contract, but I am wondering about venue, whether it would be Wyoming or Colorado. Are there any other considerations? I am avoiding picking up the desk because I am not sure if that would open me up to having to repay the Prime. Any advice would be appreciated...