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From: email@example.com (N. Thornton)
Subject: Re: Contract Dispute questions.
Date: 21 Nov 2002 09:11:38 -0800
References: <firstname.lastname@example.org> <email@example.com> <firstname.lastname@example.org>
NNTP-Posting-Date: 21 Nov 2002 17:11:38 GMT
email@example.com (klmok) wrote in message news:<firstname.lastname@example.org>...
> > ITSM that if you intend to proceed to legals,
> > then you should first get a paid-for independant
> > professional review of the whole project.
> By court date I should have a fully working pre-manufacture copy of
> what the whole project is from another contractor. Its exactly the
> same project I gave to the first contractor sans the LCD part. The
> contractor had threatened that the LCD implementation was his idea and
> he had co-inventor rights, as obvious as this feature is. Fortunately
> the LCD display can be substituted by an on-screen display in my
> current project implementation..
If that's your reply to the para above, I'm thinking maybe you haven't
had an independant expert report on the first project. And I have to
say I would think its pretty necessary.
> > From
> > someone who is also prepared to be an Expert
> > Witness if it comes to legals.... because you
> > (with your admitted lack of technical expertise)
> > are on a hiding to nothing if you try and argue
> > technicals, even in a small claims court.
> > Abide by his advice.... it may save you money.
> I have already done that. Used a second lawyer. He wasn't
> technically knowledgeable and my benefit was running my arguments by
> him to check if I made any bad arguments in procedure.
But a lawyer is not an expert witness.
> The small claims court has the advantage that I wouldn't need a lawyer
> to represent me.
Have you talked with a lawyer to get some basic advice on this yet?
You do need to get things right to win. A court isnt going to award
you 20k on the basis of assumptions and missing evidence.
I am not confident about your case to be honest. I really dont want to
appear unsociable or anything, but I think you may want to know in the
circumstances: I get the feeling your case may be inadequately
You also don't give me the impression that you're at all clear: your
responses don't seem to me to address the issues raised by other
My impressions are that you haven't got proper legal advice on this,
and you have no expert witness report.
Also you don't come across as appreciating the key points of the case.
I don't see how the issues you are discussing here are really the nub
of the case. I would have thought failure to deliver the agreed result
in the agreed time or a reasonable time would be the criterion.
Also I think you might have not taken on board some of the points
raised in this thread. I could easily be wrong of course. My overall
impression is that you'll need a lawyer to win this one.
Finally there are legal newsgroups: crossposting to one of them and
here would seem wise.
My comments are just personal opinions, and not legal advice. Good
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