Recent Answers to Dispute Law Questions

This is the 6 most recent answers out of 31 answers for Dispute

Can the venue owner change the terms of a rental agreement after it has been signed?

4.9 (13)

Dispute

Venue Rental Agreement

New York

I recently signed a venue rental agreement to host an event at a popular event space in town. The agreement clearly stated the rental fee, duration, and other terms. However, a few days later, the venue owner contacted me and informed me that they had made changes to the agreement and that I would now be responsible for additional fees and restrictions. I'm wondering if the venue owner has the right to change the terms of the rental agreement after it has been signed, and if not, what actions can I take to ensure that the original terms are honored?

Damien B.

Answered Dec 31, 2024

Generally, neither party can unilaterally change or modify the terms of an agreement once both parties sign it. The only way is if a contract provision states that one party can modify the terms of the agreement without the consent of the other party. You would want to review the agreement to verify exactly what it says. If there is no provision that a party can unilaterally change the agreement or certain terms of the agreement, then there could be a possible claim for breach of contract if one of the parties refuses to honor it as it is written. An option is to file a lawsuit now to have a judge declare that the other party must abide by the terms of the agreement as is.

Can a brand ambassador terminate a Brand Ambassador Agreement if they are not receiving the agreed-upon compensation?

View Dolan W.
5.0 (317)

Dispute

Brand Ambassador Agreement

California

I have been working as a brand ambassador for a company for the past six months, promoting their products on social media and attending events on their behalf. However, I have recently noticed that I am not receiving the compensation outlined in the Brand Ambassador Agreement we signed at the beginning of our partnership. Despite several attempts to address this issue with the company, they have not taken any action to rectify the situation. I am now considering terminating the agreement, but I want to know if I have the legal right to do so in these circumstances.

Dolan W.

Answered Dec 27, 2024

Hello! My name is Dolan and thanks for coming to contractscounsel.com. The short answer? PROBABLY. Generally, the terms of the agreement will outline what it is you can do if you aren't receiving the outlined compensation. If the agreement is silent on this, then the law generally doesn't automatically terminate the agreement; however, you can suspend your performance until you are paid and demand the money that you be paid here. To cover your bases, it’s smart to send the company a written notice explaining that they’ve breached the agreement by not paying you and stating that you’re terminating the contract as a result. This puts everything on record in case they try to dispute it later. If you’re not sure about the specific legal details, consulting with one of us here would be a good idea to ensure your termination is legally airtight. We can review the agreement for you and let you know your options. Best of luck!

Can I send a cease and desist letter to someone who is spreading false information about me online?

5.0 (18)

Dispute

Cease and Desist

Washington

I am a small business owner and recently discovered that a former employee has been spreading false and damaging information about me and my business on social media. This false information is negatively impacting my reputation and causing potential clients to question the credibility of my business. I want to put a stop to this and protect my reputation, so I am considering sending a cease and desist letter to the individual. I would like to know if it is legally appropriate and effective to send such a letter in this situation.

Merry K.

Answered Sep 6, 2024

What I suggest you do is write a polite, professional, and firm letter to the person(s) and send the letter in a manner in which you will get a receipt, such as certified, return receipt through the post office (this costs $8.75). Keep copies of everything. Let the person know they must stop immediately and remove any and all defamatory posts.. Do not make any threats. You can have an attorney do this for you, but it will probably cost you around $1000. After you send this letter, if the problem doesn't stop, the next step would be to get a civil anti-harassment order through court. This is something you can do yourself. If this doesn't work, you can return to court with a request (motion) to the judge to hold the defendant (respondent) in contempt and ask the court to impose fines. Another option, of course, is to sue for defamation (even for a business), but this type of case would cost you thousands and thousands of dollars, and there's no guaranty than you would win and get paid by the defendant. Although this is a "women's law" website, the website has a great explanation of various types of restraining orders in Washington State. Please look at the explanation for civil harassment: https://www.womenslaw.org/laws/wa/restraining-orders/civil-anti-harassment-orders You can, of course, skip writing a letter and go straight to filling for harassment, but judges tend to like to see some reasonable effort on the part of litigants to resolve their problems on their own prior to going to court. I normally would offer to help you, but I'm going to be traveling and am not available until some time after October 17th or so. I also do not engage in litigation any more myself. Oh, I want you to know that most Washington counties have a website for their courts that provide lots of information and forms for obtaining various types of restraining orders. Best wishes, Merry Kogut

Software agreement and dispute escalation?

View Daniel D.
5.0 (3)

Dispute

Software Agreement

Florida

I am a software developer who recently entered into a software agreement with a client. We have been having some disputes regarding the agreement, but we have been unable to come to a satisfactory resolution. I am now looking for advice on how to best resolve the dispute and how to protect my rights under the software agreement.

Daniel D.

Answered Jul 18, 2023

The first step to resolving a dispute is to look at what the software agreement says. The agreement may have terms or conditions in there that discuss what happens when there is a dispute. Without seeing the agreement it is difficult to say what you could do to best protect your rights and resolve the dispute.

Do you take cases for unemployment overpayment benefits?

View Donya G.
4.9 (61)

Dispute

Employee Benefits Agreement

New York

In 2020 during covid my business was forced to shut down. I was also working, I had a job and I owned an event planning business. before filing for UI I called in to ensure I was able to file for the PUA for my business. I was told by the representative yes I can. in her words she said "anyone can apply for the PUA" she did not explained to me that I cannot apply if I had another job, or what the conditions were, as I have never filed for or been on unemployment in my life until covid happened. In september 2022 I received a letter stating that I was overpaid benefits in the amount of $62000. I filed for a weaver which I was not qualified for, then I appealed and the judge ordered a recalculation and that amount went from $62K to $58K. I cannot pay this money and I need help in fighting that this was not my fault. My taxes will be garnished every year until this is paid off. I am hoping someone out there can be of assistance to me, I really need it.

Donya G.

Answered Apr 4, 2023

Hello, I am sorry for the mix up. I worked with a client last year with similar circumstances. She was overpaid as well. We had a hearing and it was determined, since she had never filed before and English is not her first language that she had not done it intentionally so that fine on the payment was removed. That being said, if you were overpaid, you will need to repay the amount. She signed up on a payment plan. I suggest you do the same. If you need to engage my services to assist you, you can find me on Contracts Counsel website or my personal page Regards Donya Gordon

What type of attorney would I hire for a problem with a HVAC contractor that installed the wrong size of equipment.

View Dean F.
5.0 (8)

Dispute

Settlement Agreement And Release Of Claims

Colorado

I hired a HVAC company to install a new heating and cooling system to replace existing units. The problem is they installed undersized units

Dean F.

Answered Dec 9, 2022

A civil litigation attorney can help you resolve a dispute with an HVAC contractor. They typically will help you try to resolve the issue prior to filing suit. And if that does not resolve it, they are experienced in litigating matters in court.

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