Q: Work incorrect, unfinished
I gave contractor money for work that was completed incorrectly and will need to be redone, and money upfront for future work. Since he had never been back to my with several reasons and has only talked to me when I initiated contact. Because of this I told him to refund me and cease work. I told him I would be willing to settle for just the upfront money I gave him in an effort to be done with this. However, the contract states that I can’t say anything to disparage him basically. I would like that taken out since I am settling I want to retain my right to review the business as I see fit on any site I see fit and he does not seem to have a license. Its not on the contract and I have looked up his business several ways with no result. The contract also states I would receive the money in 30 days but this business is very untrustworty and I am not confident I would receive the money and I would have to pursue him. So I asked we exchange the money and contract at the same time. Correct?
A: There is no special way to settle any case. The non-disparagement clause is pretty much standard in all settlement agreements; and you are being foolish to risk not receiving your refund by insisting on your "right" to bad-mouth the other side on social media. Perhaps the other party will agree to make it a two-way street deal, where BOTH parties agree not to disparage the other; then they will not be able to disparage you on FaceBook or wherever.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
