An announcement - There is something new to the blog! I am asking readers to submit their favorite quotes or sayings. I am looking forward to your submissions. Check out the end of the blog for this fun addition. Thank you for participating!
The first case is 5 years old. I guess the economy is causing people to go after old debts. If they are credible that would be okay. This case seems very far-fetched. William, a landscaper is suing a couple for the balance due on work he did years ago. There is no written contract to back up any of his claims. He brought in free fill to their property, installed an irrigation system and graded the property. He created berms and feels he made major improvements to their property. The couple sees it differently. I am surprised they did not countersue. They talk about flooding in their basement caused by his irrigation pipe, unclean fill used on their property and the dirt left in piles. They had to pay to have work done to correct the mess he created. He does not win the case and claims he did not even get a chance to tell the entire story. Many people will say this in the hallway. I always wonder why they do not lead with the information they feel would have been essential. This contractor needs to stay on top of his business. He should follow-up in a more timely manner. He should also keep better records in case he needs to take someone to court.
Hurricane Irene strikes again. So many cases are in court because of the damage caused during this hurricane. In this particular case an ice cream freezer was damaged from the flooding in a pizza parlor. Ryan is suing for $500.00, the cost of the freezer. When he removed the damaged freezer he had the store owner sign a promissory note. This should have been enough to get his money. The store owner signed it because he thought his insurance company was going to cover the damages caused by the storm. When the insurance money did not come through, the store owner refused to pay. Is he responsible? In this situation there is a contract. The specifics of the contract state that the store owner is responsible for the cost of the freezer in case of fire, theft or vandalism. It does not mention flooding, acts of god or anything that would describe this occurrence. The store owner is not held responsible for the money, even though he signed the note. It is a good idea to read and understand anything you are going to sign. In most cases, you will be held to what you sign. This is a very unique situation. The store owner is very lucky.
Two business women hire someone to design a website for them. They do not have a written contract. They are able to show e-mails detailing their progress or lack of. It is helpful for them that they have this information in writing. They discuss deadlines that are not met and specifics they want in the website. When they hired Benite to build the website, they did not know they were not going to own the domain name. They did not understand they were going to have to pay an annual fee to her for the website. Benite explains that this is how a web designer does business and it makes sense. Someone has to pay for the website. Since the two women did not have a clear understanding of the agreement, they were able to get their money back. They were also able to get back the money they spent on promotional materials. It is unfortunate that Benite does not offer a written contract with all of this information. She showed the website she designed for the business and it was really nice. She seems to be good at what she does and should not have to mislead people in order to get customers.
Please let me know what you think. Thank you for joining me today.
Submit your favorite quotes or sayings and I will include them at the end of the blog.
Nothing messes up your Saturday like realizing it is Wednesday.
- reader submission
Thanks to RedShoesRock
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