A: Hello! The risks associated with T&M contracts often revolve around cost uncertainty. Since the final price depends on the actual hours worked and materials used, costs can easily exceed the initial estimates, especially if there are delays or unforeseen issues during the project. Additionally, without strict monitoring, contractors may have little incentive to work efficiently or use cost-effective materials. It’s essential to have detailed documentation requirements for time and materials used to ensure transparency. Lawyers essentially have T&M contracts and it's why there are so many disputes, so I'm familiar with your concerns. To adjust for these risks, you can negotiate terms such as a not-to-exceed limit or a guaranteed maximum price. I usually set expectations with clients in advance for my work and you can do the same with this particular contractor. If you need assistance in drafting or negotiating a T&M contract, you can come back and have an agreement prepared through Contractscounsel.com Best of luck! Dolan

A: Hello! Welcome to contractscounsel.com. So in your case, using an escrow service in a real estate transaction is super common as it helps facilitate a secure and smooth transfer of property ownership. In an escrow arrangement, a neutral third party holds the funds, documents, and other assets until all terms and conditions of the sale are met, ensuring that neither the buyer nor the seller is at risk of losing money or property if the other party fails to fulfill their obligations. They are basically a middleman. One of the main legal obligations when using escrow is adherence to the terms outlined in the escrow agreement. Both parties must comply with the instructions provided in the contract, including deadlines for deposits, inspections, and disclosures. The escrow company is legally bound to act according to the instructions from the buyer and seller and can only release funds or documents when all conditions are met. If a dispute arises, the escrow company may require mutual agreement or a court order before taking any action, which could delay the process. One of the main legal obligations when using escrow is adherence to the terms outlined in the escrow agreement. Both parties must comply with the instructions provided in the contract, including deadlines for deposits, inspections, and disclosures. The escrow company is legally bound to act according to the instructions from the buyer and seller and can only release funds or documents when all conditions are met. If a dispute arises, the escrow company may require mutual agreement or a court order before taking any action, which could delay the process. Potential risks of using escrow services include issues related to the service provider's reliability and the risk of fraud. It's important to choose a reputable and licensed escrow company to minimize risks. In some cases, fraudulent companies may present themselves as escrow services, taking advantage of unsuspecting buyers or sellers. I would verify with others in the field or even friends and family, in addition to doing your own research online to sniff out any scams. Best of luck! Dolan

A: Hello! Under California law, a breach of contract occurs when one party fails to fulfill a legal duty the contract created and causes damages for the defendant. (California Civil Jury Instructions Number 303.) The measure of damages is the amount that will compensate the aggrieved party for all the detriment caused thereby or likely to result therefrom. (Cal. Civ. Code § 3300.) Any contract entered into after January 1, 1986 that does not stipulate the legal rate of interest, the obligation shall bear an interest rate of 10% per year after the breach. (Cal. Civ. Code § 3289.)   This applies regardless of whether the agreement was written or done orally. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach.  In your case, you said that the subscription agreement doesn't have the functionalities you expected. Because it's not functioning like you intended, and if you have made reasonable efforts to resolve this in good faith, then it is a breach of contract. Because it is a breach, you can suspend your own performance in this case and sue for any actual or consequential financial damages you've suffered. The quicker, informal option is to send a demand for performance. Because this situation is so common, I drafted a template myself to help with this so you know it's legitimate - https://www.contractscounsel.com/t/document-form-checkout/119 You can file a lawsuit in your local court. If you’ve already sent a bunch of letters, then the truth is this is the only way to compel them to do anything. You can also talk to me about drafting a letter, too. Best of luck! Dolan

A: Hello! I'm so sorry about your situation. So generally the agreement cannot be changed without the consent of all the members. So this means that unless the members agree to make this change or unless you offer money in exchange to get them to waive this. Best of luck! Dolan