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District of Columbia Contracts Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Landlord - Tenant for District of Columbia on
Q: Upstairs apartment leaked human wastewater into my apartment kitchen. What is my landlord's responsibility?

I have asked for a plumber - they are using a jack of all trades. I have asked to move into another empty unit, with the move fee waived - denied. I have asked for alternative accommodations until the repair and clean up is completed - denied. I have asked for a break in the rent, since the... Read more »

Steven Krieger
Steven Krieger answered on Jul 27, 2020

In DC, you're able to withhold rent for housing code violations and wastewater coming into your unit seems to qualify. The landlord may take you to court and you'd have to explain the housing code violation, but this is a viable remedy for you.

1 Answer | Asked in Contracts and Civil Litigation for District of Columbia on
Q: What is the law regarding a moving company holding your items until you pay their demand for more money?

I hired a moving company to relocate my items in Seattle to DC. They are now claiming that my storage until which only held a capacity of 400 cu ft took up 425 cu ft of their trailer and that they have to transfer my items to a shuttle because the semi currently carrying my items is too big to go... Read more »

Andrellos Mitchell
Andrellos Mitchell answered on Jan 21, 2020

Well, I think you should call a lawyer and see what he can do. It's going to cost, but probably less than the $853.00. If the lawyer can't work something out, if you want your property back you may have to pay now and sue later...if you have a legal grounds to sue. It all depends on whats... Read more »

1 Answer | Asked in Banking, Business Law and Contracts for District of Columbia on
Q: Agreeing to a company ToS (like Amazon) gives it the right to own funds and not belong to them

Amazon holds billions of dollars of merchants whose funds have been frozen due to a ToS violation. In fact, it is their unethical way of making interest-free money and using it at will. Any solution

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 19, 2019

Wow.

Is your name Jeff Bezos? Or perhaps you work for Amazon in a very high-level operations position?

If not then please tell us (1) where you got this unbelievable information and (2) what your reason is for publishing this unbelievable information publicly here on Justia?...
Read more »

1 Answer | Asked in Contracts for District of Columbia on
Q: is there case law that supports reducing attorney's fees based on lost counts of a summary judgment?

Example: Defendant motions for summary judgment for 3 counts (fraud, breach of k, and negligence)after 1 year of litigation.The court rules in defendants favor for 2 of the 3 counts, ultimately after 1 more year of litigation the court finds for the Plaintiff on the remaining count and they award... Read more »

Mark Oakley
Mark Oakley answered on Oct 8, 2019

No, but the amount of fees must be reasonable, and an argument can be made that the time and billing associated with the lost counts were not reasonable since the claims were rejected; therefore, some adjustment is appropriate. In the end, the amount of fees are left to the “sound judgment “ of... Read more »

1 Answer | Asked in Contracts and Appeals / Appellate Law for District of Columbia on
Q: For this case what statutory interpretation is demonstrated?

what kind of law is used and how would you define the statutory interpretation used?

Tim Akpinar
Tim Akpinar answered on Sep 10, 2019

It's possible part of your post was left off. As a general matter, statutory interpretation is essentially what the definition suggests - the operation of a court interpreting legislation. Good luck

Tim Akpinar

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Elder Law for District of Columbia on
Q: My father, who lives in Washington, DC needs to get out of a reverse mortgage scam. He wasn't 100% to sign a contract.

He was approximately 80 at the time. Diminished vision. Emotionally compromised. Victim of phone and mail fraud.

Richard Sternberg
Richard Sternberg answered on Feb 19, 2019

You should have a consult with a lawyer before he dies. The facts matter, and they should not be discussed in an open forum.

Q: Is this a matter for US Supreme Court?

I have a situation where I formed a contract by payment of ongoing fees with a US government department and for that contract I was lead to believe I would have legal rights protecting my property under US law given by U.S. Congress which has not happened, if things happened a certain way.... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jul 3, 2018

I have worked with patents for a long time. I cannot think of any government agency that accepts money from an individual for protecting intellectual property beyond the normal processes of filing for a patent, trademark, or copyright.

You need to talk with an attorney that can review all...
Read more »

1 Answer | Asked in Contracts and Employment Law for District of Columbia on
Q: If I leave beofre 18 months I owe 6K. Is this legal?

I recently interviewed with a company in Tyson's and looked through the sign on contract. In this offer letter there is a clause that states if I leave or am terminated before 18 months I owe them $6000. I do not receive a signing bonus or money up front. This seems very weird to me and I am... Read more »

Mark Oakley
Mark Oakley answered on Apr 16, 2018

Usually these types of clauses are tied to educational or training expenses, or paying for professional licenses or certificates, that the employer incurs. The repayment is tied to reimbursement for a valuable benefit provided to the employee who may take the training or professional license and... Read more »

1 Answer | Asked in Real Estate Law, Contracts and Construction Law for District of Columbia on
Q: WHAT TYPE OF LAWYER DO I NEED TO SUE A GENERAL CONTRACTOR FOR STEALING 22K FROM ME AND DOING NOTHING TO MY PROPERTY?

ALREADY FILED A COMPLAINT WITH DCRA AND UNSUCCESSFULLY WAS NOT ABLE TO OBTAIN MY MONEY BACK EVEN TRIED MPD WITH NO SUCCESS. I WAS ADVISED BY MY INVESTIGATOR FROM DCRA TO PURSUE LEGAL ACTION AND GET BACK TO HER SO THEY COULD POSSIBLY TAKE HIS LICENSE. I NEED A LAWYER BECAUSE HE HAS DONE NOTHING TO... Read more »

Mark Oakley
Mark Oakley answered on Feb 8, 2018

Unfortunately, unlike Maryland's MHIC, the DCRA does not have a proactive investigatory and civil enforcement arm to it, and there is no insurance fund for consumers to claim against in the event a licensed contractor fails to perform a home improvement. Homeowners in DC are left to sue on... Read more »

1 Answer | Asked in Contracts, Copyright, International Law and Trademark for District of Columbia on
Q: I am an American citizen and want to trademark and artist's name in Canada - can I do that?

I would like to do it as an intent to use, seeing as right now there's no music to release. That being said, it would be great to start using the name as soon as possible and register it as the name for a registered songwriter/artist in Canada. Is it possible to trademark the same name in the... Read more »

Benton R Patterson III
Benton R Patterson III answered on Nov 7, 2017

Yes, a US citizen can register a trademark in both the United States and Canada. There are international treaties that allow US trademark owners to extend their trademark rights to other countries and vice versa. You should speak with a trademark attorney on how to register your mark.

1 Answer | Asked in Contracts for District of Columbia on
Q: how soon after i file a complain in DC superior court can i begin serving discovery?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 26, 2017

Check the court order re: discovery dates and the rules of court for all civil procedure questions. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my... Read more »

1 Answer | Asked in Banking, Consumer Law and Contracts for District of Columbia on
Q: In 2008 Carrington Mortgage Company modified my loan without notice that they had modified the loan. What can I do?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 18, 2017

They would have to have provided you notice. Have a lawyer review such facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and... Read more »

1 Answer | Asked in Contracts and Employment Law for District of Columbia on
Q: Does my contract of employment preclude me from having another part-time job?

The relevant clause is this: "7. EXCLUSIVITY. During the term of this Agreement, Employee will devote his/her full-time to providing services exclusively as directed by Employer and shall not perform services for others."

The choice-of-law provision puts it in PA (however in case... Read more »

Glenn B. Manishin
Glenn B. Manishin answered on Dec 30, 2016

The choice of governing law is not particularly relevant because, to the best of my knowledge, neither PA nor DC/MD/VA have laws overriding exclusive employment agreements. The provision you quote is plain and precludes you from taking on a part-time job. On the other hand, all states follow the... Read more »

1 Answer | Asked in Contracts for District of Columbia on
Q: If someone leaves furniture out and it is believed to be trash and then someone else takes it?

If the owner leaves a sign out asking for it back are the people who took it legally obligated to return it

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 15, 2016

Once you trash an item, you relinquish ownership of it. But it's key that the item was in fact thrown away rather than in transit or being temporarily stored somewhere. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This... Read more »

1 Answer | Asked in Business Law and Contracts for District of Columbia on
Q: How can I get back my money paid for a service that I never used?

I signed a contract agreement with a hotel to get an event service. The hotel's obligation was to provide dinner for my 300 guests. And my obligation was to pay 50$ for each guest. I made down-payment for 150 guests at initial, and agreed to pay the remaining one week before the event day. The... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 15, 2016

Looks like the contract you signed says no refunds. It's important to let an attorney review it for you in full. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any... Read more »

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