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View Full Version : Job awarded then lost


KimKriel
04-05-2007, 04:34 PM
How would you deal with this. *We were awarded a 45000.00 yearly account on Feb 28(bank). *We got the confirmation over email and corrosponded with her atleast 6 time. *Today my husband contacted the maintance guy to find out if we could start the Spring clean up, and he informed Tim that some one else had received the job. *So Tim contacted the head office and she told him that we had gotten 4 of the 5 banks and was extremely sorry for the mess up. *That was only around a 6000.00 loss. But 1 hour later she called back to inform him that she had made a mistake, they had changed the bidding process and we got none. *So my question is can a email confirmation be considered a written agreement? *What would you do?

Steve
04-05-2007, 07:24 PM
Yikes! I am sorry about that happening.


When you were awarded the account, did they mail you any letters at all or was it all email? Did you have a contact with them or did they with you?

I think if you want to contest this I would suggest talking to an attorney in your area. Each state may handle emails differently.

Has anyone else ever had to deal with this?

tiedeman
04-05-2007, 07:58 PM
I would check up with it in your state. I do know that in some states email contracts and any type of electronic signature on a contract is not valid.

S.P.Martin Lawn Care
04-05-2007, 09:43 PM
I would think it would be handled like evidence in a trial. You have to put forth the best available evidence. That would mean if contracts require signatures, you have to produce the signed contracts. Check to see what how your state handles what happened to you and if you have any recourse. It may well end up lumped into cases like where verbal agreements are at issue, might be enforceable, might not.

Steve
04-05-2007, 10:31 PM
Kim,

I was talking to one of my friends who is a lawyer and he said depending on your state, you can sue them for the full amount of the contract even if it was a simple verbal agreement. Emails will help your case.

Since the contract amount was so high, you should contact an attorney and find out even if sending a letter will allow you to reach a settlement you both can agree on.

Let us know how it turns out.

All Aspects Landscaping
04-07-2007, 05:15 PM
Spend your money wisely... chalk it up and move on... Sorry