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From: firstname.lastname@example.org (klmok)
Subject: Re: Contract Dispute questions.
References: <email@example.com> <firstname.lastname@example.org> <email@example.com>
X-Newsreader: Forte Free Agent 1.21/32.243
Date: Fri, 22 Nov 2002 02:49:21 GMT
NNTP-Posting-Date: Thu, 21 Nov 2002 19:49:21 MST
Organization: Shaw Residential Internet
On 21 Nov 2002 09:11:38 -0800, firstname.lastname@example.org (N. Thornton) wrote:
>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.
Your above point is exactly my case. Its way beyond any reasonable
time and the first milestone in the project had not been reached.
There is a Breach of Contract. This is what I shall be arguing in
court. Not the technical arguments.
He will of course use technical buzzwords to try to snow the court.
Things get hairy then for other than myself no one else knows he is
talking crap. I am trying to check out through this group the
arguments he already used to see if they will stand up and also to run
them by an engineering expert witness if I need to. I need to know
the right questions to ask and issues to look up on before I see this
He wrote the contract. He set his price and his development schedule.
He had the full freedom to use any solution he wanted and no
engineering specifications were specified in the contract. I had no
engineering or technical role in this project. I only specified what
the end product should do which he accepted. Of course we went over
the posssible technical solutions as they have to make sense but he
had the final say and responsibility.
There is non performance and non delivery. It is not about not
producing a superior product. Say the job was building a house. All
we have is a hole in the ground after 22 months, way beyond the 11
month schedule for the completion of the house. What excuses will
acceptable to anyone for this state of affairs.
Had he at any time in the project given a good technical explanation
why the project couldn't proceed I would have accepted that and called
it a day. Instead he gave one lame excuse after another. His computer
crashed (at month 5) and he lost all his work (no backups??) He
couldn't source a chip? (months 3 to 6) What's so special a mouse uP
or a keyboard character generator? If that was the case he could have
informed me within a month or two and we kill the project. What good
is the project anyway if the key components are so difficult to obtain
- their cost and unreliable supply would have made the project
economic nonsense. An honest contractor would have told his client up
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