"DerbyDad03" wrote in message
...
On Nov 14, 6:59 pm, "Info" wrote:
Please see me prior post on Nov 2, 2008. It's subject line is Help!!

This stupid ******* is trying to screw us and I suspect he'll win. I
believe
he's aiming for his alleged
retainer of $1k. I've emailed a lawyer - a personal friend - for a sanity
"check." (what else can I call it?) Neither my wife nor I recall his
mentioning the $1k retainer he mentioned to us. He
also never mentioned arbitration or three-fourths of what's in the
proposal
that I previously posted.

God, I feel stupid Stupid!

His "Phase One Proposal" to which he refers ends with the following:
"This proposal is good for five (5) days only, unless initiated. Once
initiated, it can be terminated by either party, in writing, at any time,
with a minimum of one week of notice, when the obligations of each party,
relative to this proposal have been fulfilled to date. Retainer amount is
non-refundable once contract has been initiated. All parties agree to
arbitrate any disputes which may arise, with respect to their specific
responsibilities as outlined in this proposal."

We sent him an email yesterday stating that we will not be using him. That
was in response to his email asking for our response to his "proposal." I
hadn't replied; that was my way of not accepting the "proposal." "good for
five days only, unless initiated." Yeah, right, we pay him for work we did
not authorize. Shiit. As I said, he alleges that we agreed to a $1000
retainer. That's news to me and to my wife.and I think that's what he's
trying to weedle out of us. He never mentioned arbitration or anything.
Frickin' prick is lying though his teeth.

-----
Here's his frikin' email:
My name & email address was here

"his is a bit of a problem for me, as you gave me verbal authorization to
spend up to 8 hours putting together a drawing when we met at your condo.
Beyond that, I talked to two different contractors, one extensively about
your project.

Also, I did what you asked me to do, in terms of writing you an email
about
the floor construction, putting the preliminary plan together, which takes
time, as does the coordination time I would further spend with each of the
contractors. My proposal was reflective of this. Similarly, both
contractors I recommended to you would have you sign a proposal before
beginning any work, based on my drawing or someone else's.

I asked you to call me if you had any questions about the proposal I sent.
Two weeks have passed and I heard nothing from you to contradict what you
had asked me to do, all of which takes time. How do you suggest we handle
this? It is unfair to me to leave me hanging, after you praised my
methodology in person, when we talked, since I my research made you aware
of
both the floor situation and the permitting process involved.

Again, began this work on good faith and my belief that I would be paid
for
my time. I have 8 hours of additonal time into this that I believe I need
to
be compensated for, what should we do about it?

I would appreciate a timely response. Thank you."
--------

Jesus! It's my own fault. I didn't check the guy out. His name was given
to me by

He wrote: "Similarly, both contractors I recommended to you would have
you sign a proposal before beginning any work, based on my drawing or
someone else's."

Similarly to what? You didn't sign any proposal agreeing to
compensate him for any work. If he's saying he works "similarly" to
the other 2 contractors, then he shoudn't have done any work without a
signed proposal.

Apologize for the misunderstanding and tell him (nicely) that if he
wants to take you to court to contact your lawyer. Give him your
friend's name and number - or better yet, give him his business card
to show him you are serious. I'll wager he never even makes the call.

BTW - you said: "I've emailed a lawyer - a personal friend - for a
sanity check.

How did the lawyer respond?
========

His reply is below. I know the jerk is just trying to rip the "retainer"
out of me. I know enough about contract law to It's the frikin principle
of the thing. You'll laugh at this: Have these people no shame? Why not
just steal some kid's lunch money? The gall of this guy. I can go to the
local TV news channels "problem solvers", if need be. The press is the last
thing the prick wants. I'm doing nothing but send the email for now.



! Here's a free suggestion, worth exactly what you are paying for it
(which, by the way, is nothing - this is a birthday present - happy
birthday, belated or otherwise) - I would write him something in simple
declarative statements, along the following lines: We called you. You came.
No retainer was discussed. We are both absolutely clear about this. You
said you would send a proposal. You did. It was good for five days only.
We didn't like it. We didn't respond. Your proposal expired. We never
agreed to pay you to make a proposal, and we don't owe you any money.



See what happens. He can't afford an attorney for this, either. He can take
you to small claims, I guess, but he can't use an attorney there, either,
and so it will be a fair fight. And there are two of you, and one of him,
and I don't like his facts. Good luck.