Recent Answers to North Dakota Law Questions
Booking Contract Dispute - Who has jurisdiction?
Dispute
Contract Agreement
North Dakota
I recently booked a property rental through VRBO. I left a review of the property and now the property owner is threatening legal action if I don't take down my review. The property is in Turks & Caicos, the property owner resides in Canada and I live in the United States. What country has legal jurisdiction and who/where would I go to seek legal counsel?
Donya G.
You should go to VRBO terms and conditions. The document should list where disputes should be held. Since both you and the owner are users of the site, you are both bound by the terms. If your review was based on your experience, another option is to do a cease and desist, but I would need to discuss the matter with you in order to fully assist. you can reach out to me via Contracts Counsel. All the best Donya Gordon
Does this constitute a breach of contract on the part of the home improvement company?
Construction
Construction Contract
North Dakota
I'm waiting for a roofing project to get started which is holding up my other home improvement projects. I received an email from the company stating: "This is to confirm that we have your roof install set for 8/25-8/26." After sending several emails to the scheduling manager without response, I called the local project manager on Wed, Sept 1 to check the status. He has no idea when it will get done. I was unaware that they are subcontracting the project so they can't find a crew to do the job. He said he would get back to me but I haven't heard anything since. Contract states in part: "Customer shall be responsible for the cost to Company of any custom ordered products or materials, a 10% restocking fee on any non-custom products or materials, installation costs, if any, incurred by Company, and liquidated damages of 30% of the contract price as and for Company's lost profits. Such costs and damages may be withheld from Customer deposits." I have paid them half of the bid, $7200. Are they in breach of contract? Can I cancel this contract without being responsible for costs and damages and receive a full refund?
Donya G.
Hello, You will need an attorney to review your full agreement in order to properly advise you based on the contract. As such, you will need to post your project on the website Here are the steps you need to take to accomplish this 1. Post the job you need to get accomplished – for example “ I am looking for an attorney to review a contract to determine whether the party is in breach -------------“ 2. Once posted, attorneys on the website that are interested and qualified will respond to your posting 3. Choose an attorney/s based upon their qualifications and cover letter to have a quick call so that you can decide who you would like to hire. 4. After talking with attorneys, choose who you will decide to proceed with. Remember to discuss the cost of the project as well as how long it will take to be completed as well as when payments will be made. 5. Once you have decided who to hire, click “HIRE” and that attorney will now be hired by you. Donya Gordon, Esq.