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Missouri Contracts Questions & Answers
1 Answer | Asked in Contracts and Government Contracts for Missouri on
Q: I am interested in progress on a complaint (case 1:2023cv00036) filed on Jan 10, 2023. how often is the docket updated?

I am a subcontractor to the intervener and understand it is under PO...but would like to track progress. Is there another way to get status?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 1, 2023

You can view the docket through Pacer. You must pay a bit to view documents. Filings should be identified immediately when they are electronically filed.

1 Answer | Asked in Contracts, Insurance Bad Faith and Insurance Defense for Missouri on
Q: i got a certified letter to do a statement under oath from my car being vandalized. the date of loss is incorrect

the letter was from the attorny that is representing my insurance company. it has all the details like policy number ,date of loss which is incorrect. they are a month off

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 30, 2023

What’s your legal question? Letter from whom?

1 Answer | Asked in Contracts for Missouri on
Q: signed a contract for a new job on 1/10/2023 as NP; I am yet to complete the HR onboarding documentation. Can I back out

The contract was made effective on 1/10/23, but the contract also said The

position and salary would begin effective around 02/9/2023. They are claiming they have spent a lot on credentialing and that I will have to hold to the term of the contracts in full or pay to break the contract. The... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 23, 2023

You should hire an attorney to review the contract and provide advice rather than hope that someone will accurately asses a snippet of the document.

1 Answer | Asked in Consumer Law, Contracts and Animal / Dog Law for Missouri on
Q: My puppy has to be put down due to severe behavioral issues they were born with. Can I sue the breeder?

We purchased a puppy from a breeder in MO (were in a different state) that advertises family friendly dogs. Our vet behaviorist confirmed our pup was born was severe behavioral issues (anxiety, aggression, and more). Many trainers also agree. Puppy is unresponsive to meds, and due to the severity... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 16, 2023

Unless your contract contains an arbitration clause, then of course you may sue the breeder, assuming you are willing and able to pay to litigate in Missouri. Have an attorney review the contract and assess whether you'd have a strong claim. Sorry that your pub isn't what you expected or desired.

1 Answer | Asked in Arbitration / Mediation Law, Contracts, Education Law and Internet Law for Missouri on
Q: This is a pretty difficult case. It includes 5 people, and the ultimate lawsuit is against ASU. I said no to arbitration

The case starts with discrimination and a huge negligence issue all the way to the Dean of that building. Then the VP of Student affairs emailed me several times (she didn't know I was cc'd) with three employees I don't knit l know, misrepresenting themselves as the President of ASU.... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 24, 2022

All I can discern from your post is the your child was the victim of some sort of discrimination based on sexual orientation and that you cannot afford to pay an attorney by the hour to represent her. I suggest you contact some attorneys who handle discrimination matters and see if anyone would... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Trying to get out of contract at my apartment, landlord refuses to fix multiple issues we have.

AC didn’t work over the summer, told them 5 times and they never did anything. Our dishwasher is broken, have told them 6 times and nothing has been done. Our neighbor is breaking the rules every day (loud and boisterous noise is absolutely prohibited), we hear them screaming and yelling every... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 11, 2022

It doesn’t really matter if an attorney thinks you have grounds to “break” your lease. Ideally, you and your landlord can reach a written agreement to terminate the lease. Suing for a declaratory judgment is an option but your case won’t end in January. Consider hiring an attorney to... Read more »

1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for Missouri on
Q: I signed a 90 day contract with my temp agency to work at a job site. I worked over a year then termination.

I never received and benefits and I never received the sign on bonus that was promised after being hired after 90 days. They hired new employees and kept me as a temp and then made me do a background check to keep my temporary job. then used it to terminate me. Can I take them to court for the... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 20, 2022

Sorry to hear that the employer did you wrong. Absenet a binding arbitration agreement in your contract you may sue in court. I suggest that you have an attorrney review the contract and assess the situation. For employment matters, attorneys sometimes represent clients on a contingency... Read more »

1 Answer | Asked in Contracts, Personal Injury, Real Estate Law, Environmental and Municipal Law for Missouri on
Q: Franklin County, MO, municipality is negligent in maintaining alternative sewer system, creating health hazard.

The municipality signed an agreement with the original property owners in 2004. That they were installing a step septic tank system on their properties, that the village owned, was part of the village sanitary sewer system, would maintain, repair, and service. The system on our property was... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2022

A Missouri attorney could advise best, but your post remains open for three weeks. This is a complex matter. Evaluation of the septic system could involve the expertise of civil engineers and wastewater experts. Assessment of contamination could involve sampling and lab analysis conducted by... Read more »

1 Answer | Asked in Contracts, Family Law, Foreclosure and Real Estate Law for Missouri on
Q: Does he have any rights to my house? Should I file a lien and how much does that cost?

My house was getting foreclosed on. My dad and brother came together and got me enough money to not lose it. I am in the process now of getting my ex to sign the deed papers to get his name of it so I can make sure he is not entitled to anything nor has any say so. My kids father has not lived... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Sep 16, 2022

There are a lot of moving parts here and a lot at stake. Respectfully, with all the people and assets involved this is not an issue that can be resolved in an online forum. I strongly advise you to seek the advice of an attorney to sort it all out.

1 Answer | Asked in Contracts and Business Law for Missouri on
Q: Can I sue Amazon for publishing my book without my knowledgel?

I was told about a year ago that my account and book were removed from Amazon and I found out today they still had my book in their online book store. What are my options?

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 15, 2022

I would have to see the agreement you signed with them. I would also have understand how they communicated to you that your account and book had been removed.

Based on this information, it may make sense to develop a litigation strategy.

1 Answer | Asked in Business Law, Consumer Law and Contracts for Missouri on
Q: I ordered a boat in Missouri and got an INITIAL Purchase Agreement. I was told that this IPA would get the boat building

process started and if I didn't want the boat once it was built, they would sell it at their dealership. I electronically signed the paperwork but they did not. About a month later I received a Final purchase agreement from the bus. manager and it was for $9,000 less. I liked that price so I... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 19, 2022

They are withholding the title, so the answer to your question of whether they can hold the title is "yes." The better question is whether you would be in strong legal position if you were to sue. Any attorney would need to review your contract and be hired in order to give you sound... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Contracts for Missouri on
Q: water entered house at entire foundation, ruining the finished basement.Is the builder at fault?

home is 3 year old display in Frontenac, purchased one year ago from builder.

Whole subdivision was built, including grading and drainage. Frontenac has

yet to sign off on completion.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 8, 2022

You need to have an attorney review the contract and learn the relevant facts in order to get meaningful advise, as well as to understand your options. There is no specific statute in Missouri that stays a builder is automatically liable any time water enters the basement of a 3-year old house.... Read more »

1 Answer | Asked in Contracts for Missouri on
Q: In state of Missouri, can you verbally cancel a written contract with a purchase of vacation club resort?

Contract was signed and less than 24 hours was verbally cancelled with rep for vacation club resort.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 2, 2022

Read the contract to see what you need to do to cancel. It's generally best to do important legal things in writing.

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Is 80 plus degrees considered livable for an apartment?

700 sq ft Apartment in Jefferson County, we have the AC running 24/7 and it is still over 80 degrees inside, and we pay almost $300 for electric. Seems absurd, maintenance has looked at ac twice and says its fine, it does pump out cold air but mainly sits in the cavity in the ceiling. Wondering if... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 2, 2022

That's awfully hot and very hight for the electric bill. The lease probably makes you responsible for the bill.

If you just move out you'll probably get sued and it will show up on Casenet regardless of the outcome. A better option, if you can afford it, is to hire an attorney to...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: We signed a contract to sell our home with a local realtor in early May of this year.

Upon reading the contract more closely today we noticed that the date of expiration for the contract was listed as May 2022. It should have read May 2023

Can we legally declare the contract to be null and void?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 12, 2022

The issue is whether there was a mutual mistake. You can research Missouri law on it. Ideally, you and your broker can come to an understanding. Otherwise, you might purchase through someone else and then find yourself named as a defendant in a costly lawsuit.

1 Answer | Asked in Consumer Law, Contracts and Energy, Oil and Gas for Missouri on
Q: Who would I need to contact to resolve this issue?

We had bought our solar system from Green Solar Technologies out of California. They had subtracted our system out to 4 different installers from 2019 until today. They have failed to pay the contractors enough to complete the job and my system is still not set up correctly to this date. I want to... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 11, 2022

The first step is to contact a Missouri attorney to review the contract. The contract may have a forum-selection clause (which specifies where any lawsuit must be file) or an arbitration provision (which would prohibit suing in court). The attorney would also explain to you the potential remedies.... Read more »

2 Answers | Asked in Construction Law and Contracts for Missouri on
Q: Roofing contractor signs contract & accepts $9000 down payment for job. He uses money for himself

doesn’t replace it & doesn’t order roofing materials as promised. Isn’t contract breached at this point?

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 28, 2022

As always, Mr. Eisenberg is correct.

A contract breach occurs when one party fails to perform (or whose performance deviates from) what was contracted. A common problem for contracting homeowners is the absence of required terms in the contract. To piggyback on Mr. Eisenberg’s example,...
Read more »

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1 Answer | Asked in Contracts for Missouri on
Q: I have a contract for remodeling kitchen and bathrooms and I have paid 26% down, $11,000 so the contractor could

purchase material. I am told the contractor has purchased the material. The contract says if I cancel I pay 20% of the contract amount or the contractor's costs whichever is higher. If I cancel can I just forfeit the $11,000 but will I be entitled to obtain the material? Is the material in... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 22, 2022

That's a large sum. For an attorney to provide a meaningful answer, the attorney would need to review your contract. If it makes financial sense to you, pay an attorney to review the contract. In addition to the terms you stated, the contract might also have a one-sided attorney's fee... Read more »

2 Answers | Asked in Construction Law and Contracts for Missouri on
Q: Roofer took 9,000 down payment in Nov’21 signed a contract & roof wasn’t done until Nov 2022 Is the contract still valid

He used our money for his own purposes & then couldn’t afford to replace it, fed me lie after lie, I chased him down for a year. His dad finally loaned him the money so I wouldn’t press charges. I paid for all materials/labor. Finished the roof a year later Nov 2022. Now he wants to be paid... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 5, 2022

Your contract governs. I think you misstated something. You claim that you entered into the contract in November 2021 and he finished the work in November 2022. We are only in early April 2022. Although it took longer than expected for him to finish the roof, unless you’ve suffered financial... Read more »

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1 Answer | Asked in Contracts and Collections for Missouri on
Q: The hospital bill I've been paying an agreed apon amount needs to double or its going to collections according to them.!

They made me sign an agreement as to how much I'd pay amonth at the time. Can they do this?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 18, 2022

It’s hard to answer your question. I presume you are an adult and therefore responsible to honor your written commitments. I don’t understand how you were “made” to sign an agreement as opposed to having chosen to sign the agreement because you assessed the situation and viewed not... Read more »

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