|
Posted by <moo on April 10, 2007, 8:25 pm
As some people have said without a clause in the contract you are open to
leagal problems.
on the other hand what you need to do right away is
mitigate your damages
Notify the people concerned immediately by certified mail and tell them that
due to serious medical problems the contract can not be fulfilled
and if any money was put down on the contract you should write a check and
return their money
VERY IMPORTANT
on the check put cancelation of contract #0005 prepaymen funds returned in
full
If the other party cashes the check then they have legaly relieved you of
your duty
If they decide to call you on this and make problems for you
you have to decide is it worth the trouble fighting or do you pay them off.
In your case I would suggest you fight the bastards
First you need to return their money as said or at least mail the check
you may even want to have a lawyer mail the check
with similar wording as I suggested
Then you should put a notice in 2 different newspapers that do to medical
problems your father will not be rendering services all concerned parties
should contact you.
Another option is for you to meet with the parties personally but you need
to return any money paid for unfinnished work and you need to walk away with
something signed by them that says the contract is canceled.
Most people with a heart or brain will not screw with you if you have a real
medical problem and you have performed work for them in the past and if you
have returned any money for work that you have not completed.
This is my basic idea on your problem
you did not say what type of contracts you had
and if your father had recieved any money up front.
Basically you have to give them the option to look like good people while
still leaving open the option that maybe in the future your father may
return to work.
If they screw you
then you have to screw them back
You have to prove you offered to give them back all moneys
you have to document all of your conversations and corospondance
if they still wont come to terms then you can picket their business
just check local regulations first and make sure you are not on their
property
but it is a real option that you should not count out
and maybe call the local newspaper and tv station
i am sure they need a piece like this to offset the War or Local Murders.
next time put in the contract that you or the other party has the right to
cancel the contract prior to work being done or for medical or other reasons
out of your controll like Floods acts of God and Flying monkeys but the
money will be returned minus a fee if they cancel.
show/hide quoted text
> My father is a self employed and sole employee of a small electrical
> installation/repair company in Ohio. Recently he had an accident and
> sustained a serious head injury-one that has impaired his memory. We
> don't know when or if he will recover completely. He is 63 yo and we
> suspect this is a career ending injury. At the time of his accident,
> he had a few contracts for jobs that have either not been started or
> have just started. My question regards the legality of terminating the
> contract before work fulfillment. Can we just walk away from the
> contract without consequences? There isn't any language in the
> contract regarding termination at either of the party's discretion.
> Thanks
>
|
> installation/repair company in Ohio. Recently he had an accident and
> sustained a serious head injury-one that has impaired his memory. We
> don't know when or if he will recover completely. He is 63 yo and we
> suspect this is a career ending injury. At the time of his accident,
> he had a few contracts for jobs that have either not been started or
> have just started. My question regards the legality of terminating the
> contract before work fulfillment. Can we just walk away from the
> contract without consequences? There isn't any language in the
> contract regarding termination at either of the party's discretion.
> Thanks
>