kenna sue. pls help my fren.

[po2wq]

Most people use the word "sue" as a scare tactic without knowing the full cost and ramifications if they really intend to go through with their threat. Their empty threats are driven by decades of watching too much HK serials. ...

no la ... dun blame hk serials la ...

dey learn dat @ home 1 la ... rite fr ze top ... :p

 

[longlicky]

Moral and compassion aside, whether there is black and white or not is immaterial.

When you begin your lawsuit, the first thing for both sides to consider is whether there is a contract. In any law of contract, there are 3 conditions or test to me:

1. Is there an offer or acceptance ?
2. Is there a consideration ?
3. Is there any consent to create legal relation ?

For 1., obviously there is an offer from the designer to do the things (designs and arrange a contractor) and the lady let the job begins.

For 2. There is consideration because the designer and contractor received the payment from the lady. The worst thing is that payment goes from lady to the designer to the contractor. If the designer arrange the lady to transact with the contractor directly, it will be quite a clear cut case between contractor and lady.

For 3., Even though there is no verbal or written agreement in creating a legal relation but the actions and transactions suggest so.

My 2 cents. I believe the lady is looking forward to a total resolution of her problems or woes. I suggest that the designer and contractor sit down and talk to the lady and iron things out. Nobody wins in any lawsuit, only the scums (lawyers) are the ultimate winners.

Thanks, will forward this to my fren. Had word with my fren last night.
He just told me she keeps calling him, sms him will take legal action and sms him tat he not a man to face problem etc etc...

I told him to stay put and not to move till she make a move. is that the best for him? So he can counter her action accordinglly.

I thing she doesnt have a case here since.

1. Everytranscation in cash.
2. No paper sign between parties.
3. He didnt take any form of return from his contractor.

But i am agree with you that the cash to contractor was change between my fren from her and pass to the contractor, instead of direct payment from the client to contractor. I will let him know about this.

 

[longlicky]

Most people use the word "sue" as a scare tactic without knowing the full cost and ramifications if they really intend to go through with their threat. Their empty threats are driven by decades of watching too much HK serials.

My guess is that your friend's client is one of those people.

Besides, if that lady does goes through with a civil (though I'd bet money on her not doing so), your friend would be fine if he hasn't signed anything or received any payment on the account of his recommendation of the contractor.

If he ONLY received payment for HIS part of the job (design), then he should be fine. If he did NOT sign anything that makes him liable for the contractor's workmanship, then he's fine. Just ensure that your friend (and the company name he works under) is no more affiliated to the contractor than just someone he knows by name.

Thanks pal. good point. my fren only provide design and didnt take on the renovation work, as quoted by my fren. hope this is true account from my fren.

I did told him as long he didnt carry out the renovation work. that will be fine I guess.

 

[kuntakinte]

Longlicky,

In any contract, it can be verbal or written. Whether to have a case or not, the law of contract will be tested as mentioned in my earlier posting.

My personal opinion, the lady has a case because of various events that had taken place.

1. Every transcation in cash. -- In the eyes of law, this is consideration.

2. No paper sign between parties. -- In the eyes of law, contract can be verbal and non verbal.

3. He didnt take any form of return from his contractor. -- It can be implied that the contractor is with the designer, this could be implied contractual terms and conditions. Whether the designer takes any returns or not, it is immaterial.

In conclusion, I believe the lady wants some kind of total resolution. I suggest that your fren calls her and make arrangement to have a 3 party talks - designer, contractor, and client. Resolve it there and then.

Thanks, will forward this to my fren. Had word with my fren last night.
He just told me she keeps calling him, sms him will take legal action and sms him tat he not a man to face problem etc etc...

I told him to stay put and not to move till she make a move. is that the best for him? So he can counter her action accordinglly.

I thing she doesnt have a case here since.

1. Everytranscation in cash.
2. No paper sign between parties.
3. He didnt take any form of return from his contractor.

But i am agree with you that the cash to contractor was change between my fren from her and pass to the contractor, instead of direct payment from the client to contractor. I will let him know about this.

 

[silverfox@]

Longlicky,

In any contract, it can be verbal or written. Whether to have a case or not, the law of contract will be tested as mentioned in my earlier posting.

My personal opinion, the lady has a case because of various events that had taken place.

1. Every transcation in cash. -- In the eyes of law, this is consideration.

2. No paper sign between parties. -- In the eyes of law, contract can be verbal and non verbal.

3. He didnt take any form of return from his contractor. -- It can be implied that the contractor is with the designer, this could be implied contractual terms and conditions. Whether the designer takes any returns or not, it is immaterial.

Cash transaction doesn't mean she can't sue. I worked very often with lawyers on business dealings. Such cases can fight and most often is after lawyers are engaged, everyone start to be able to settle outside the court.
What the lady did is correct, to use legal recourse to settle an issue when the contractor went missing on her calls. The designer should not avoid her too. This only makes things worst.

Sometimes people do not have the intention to sue, but just to intimidate. However avoiding calls, will cause people's blood to start boiling and thought of intimidating will become an intention as that is the only legal recourse.

Seriously if it goes to the court, if the designer says he did not earn a single cent of the whole thing and all goes to the contractor, the judge will find it very very hard to believe. Because the industry practise in such a way that, there really is no free lunch. And if shoddy work is done, pictures are taken and given to an independent to review on the costs and prices are indeed being bumped up, its very hard to be absolved of any blame.

 

[hughgrant]

can look for bro big sexy, he's the lawyer here

 

[Zombie]

Thanks pal. good point. my fren only provide design and didnt take on the renovation work, as quoted by my fren. hope this is true account from my fren.

I did told him as long he didnt carry out the renovation work. that will be fine I guess.

That is provided he have made it clear to the lady client right from the beginning that he was just "doing a favour" or "doing on behalf of the lady client and/or the contractor" with regards to the renovation matters and passing of cash, and the design contract has nothing to do with the renovation agreements between the contractor (the suppliers) and the lady client.