Did you ever ask why do we even have contracts? Well, the simple answer is “because we don’t really trust each other and feel better knowing there is protection that everyone is going to do what they say they’re going to do.” Otherwise, things are going to get “legal”real quick.
And that’s exactly what happened in a recent case from the Sperling Law Files were where a school district signed a contract with a commercial and window shade company to install some new roller shades on the school’s windows.
There were actually two contracts in total with the same general contractor and like they do, he brought in a subcontractor to install the shades. Nothing too shady yet, but hang on.
The first contract went fine. Everyone’s happy, birds singing, children playing and holding hands. But on the second contract there was a dispute as to whether there should be one or two shades on each window. So, the school wanted a $38,000 credit on the order.
Now the shade starts to really roll down and reveal itself here. The school district said there was a provision in the contract where they could “offset” aka “not pay for” the “everyone’s happy” contract 1 due to “problems” in contract 2. And this would be fine, except for arguments based upon precedent previously set in California courts that support the subcontractor’s position that this provision is improper.
And now the letter writing begins. The school’s side says they’re in the right and that Sperling’s client should dismiss and pay $10,000 (which apparently is just the going figure and doesn’t appear to be based on anything real).
So this little dispute is going to court and like anything going to court, it’s going to cost more to resolve it than all of the window shades in the county. But nevertheless, Dean is there to shut down this shady behavior and get this resolved for his client.
Disputes, shade-based or otherwise, just seem to happen. When they happen to you, call on legal ace Dean Sperling who will resolve YOUR matter with YOUR best interests in mind.