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  #1  
Old 03-05-2007, 07:35 PM
Junior Member
 
Join Date: Oct 2006
Posts: 17

I never signed.


What is the name of your state? MA

Hi,

I'm a contrator who provides design services. I responded to an ad for a web designer and was contacted for the job. On Friday the person e-mails me the site's content and a 7 page confidentiality and noncompete agreement. We agree to meet and discuss the project on Saturday. At the very beginning of the meeting he asked if I had signed the agreement and I told him I would need to have my lawyer look at it first. We finished the meeting where he told me about his business and the work he wanted me to do. I told him I would get back to him with a written estimate for the work. I sent it to him on Sunday. He responds by saying he cannot talk about the project any further until I signed the agreement and he wanted it by Monday. It was at that point I decided that I would decline the job offer, one because of the noncompete clause that limits who I can work for two years after the job is done and two because of the way he was pushing for me to sign.

I sent him an e-mail stating that it would not be in my best interests to sign the agreement and that I could not work under those terms. He responded saying that he was shocked and that the only reason he met with me was because I had given him the impression that I would sign. He said I showed disregard for standard contractor practices according to Massachusetts law and that his lawyers would depose me and my clients to protect their interests. It also seems like he's fishing for me to respond to his e-mail as he is explicitly siting dates.

I didn't sign anything. I just met with a man about a job, gave him a written estimate, then declined. Am I facing anything serious here?
  #2  
Old 03-06-2007, 08:13 AM
Member
 
Join Date: Feb 2007
Posts: 371
"He responded saying that he was shocked and that the only reason he met with me was because I had given him the impression that I would sign. He said I showed disregard for standard contractor practices according to Massachusetts law and that his lawyers would depose me and my clients to protect their interests."

The guy is full of crap and doesn't know what he's talking about. Blow him off.
  #3  
Old 03-06-2007, 02:56 PM
Senior Member
 
Join Date: Jul 2005
Location: Massachusetts
Posts: 14,763
Quote:
Originally Posted by ForFun View Post
"He responded saying that he was shocked and that the only reason he met with me was because I had given him the impression that I would sign. He said I showed disregard for standard contractor practices according to Massachusetts law and that his lawyers would depose me and my clients to protect their interests."

The guy is full of crap and doesn't know what he's talking about. Blow him off.

Hey Scott....I agree with ForFun...You didn't sign anything therefor there is no agreement...Just like getting a written estimate from you does not obligate him to use your services...


Please Note: I am not an attorney and know next to nothing about Contract Law!
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  #4  
Old 03-20-2007, 08:18 PM
Member
 
Join Date: Mar 2007
Posts: 40
Quote:
Originally Posted by scottbell View Post
What is the name of your state? MA

Hi,

I'm a contrator who provides design services. I responded to an ad for a web designer and was contacted for the job. On Friday the person e-mails me the site's content and a 7 page confidentiality and noncompete agreement. We agree to meet and discuss the project on Saturday. At the very beginning of the meeting he asked if I had signed the agreement and I told him I would need to have my lawyer look at it first. We finished the meeting where he told me about his business and the work he wanted me to do. I told him I would get back to him with a written estimate for the work. I sent it to him on Sunday. He responds by saying he cannot talk about the project any further until I signed the agreement and he wanted it by Monday. It was at that point I decided that I would decline the job offer, one because of the noncompete clause that limits who I can work for two years after the job is done and two because of the way he was pushing for me to sign.

I sent him an e-mail stating that it would not be in my best interests to sign the agreement and that I could not work under those terms. He responded saying that he was shocked and that the only reason he met with me was because I had given him the impression that I would sign. He said I showed disregard for standard contractor practices according to Massachusetts law and that his lawyers would depose me and my clients to protect their interests. It also seems like he's fishing for me to respond to his e-mail as he is explicitly siting dates.

I didn't sign anything. I just met with a man about a job, gave him a written estimate, then declined. Am I facing anything serious here?

3 things you can do in a contract:

1. Accept the offer.
2. Counter-Offer
3. Decline the offer.

You didn't have mutual assent (no meeting of the minds), and you didn't have an acceptance of the contract to begin with.... he has NO leg to stand on.
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