B
bildun
Guest
What is the name of your state? KY
I have a Mutual Release and Settlement Agreement I must decide to sign or ask the attorney representing a roofing company to revise.
Background - The owner of the building I rent (for my wife's consignment store) hired a local roofing company to replace the flat roof. The first day the roofing company arrived one of the employees called my wife a *itch after she refused to allow them to use the power outlets in our store for their saws. The reason she denied this was we are a new business with no profits and didn't want to run the AC the entire week while the door was open for their power cord. Our store at the time (we have since moved to a new building) only had one entrance/exit with no windows that opened (only display windows). She told them to use the empty office space next door instead. So things were off to a very bad start with the roofing company - which we didn't hire.
The roofing company worked on the roof that day (Monday) and didn't return. Tuesday of the NEXT week it rained. The roofers had a tarp on the roof but it wasn't tied down or secured properly. So our store FLOODED. We called the building owner and they wouldn't even come down to the store to see it. The roofing company was called and they came down and paid for many items at the price marked on them. They DID NOT file a claim with their insurance company. We did not have insurance to cover this type of problem. He told us his insurance company told him to take pictures and document everything. He gave us the impression this was backed by his insurance company. Anyway, he pays for most of the items, packs them up in a trash bag and leaves. A few items he said he would replace using his contacts in town or pay for. These items being jewelry displays, a vacuum cleaner and a cordless phone. These items total a mere $104. We had 3 witnesses in the store besides ourselves if that helps.
The roofing company refused to deal with me after he left the building and instructed me to speak with his lawyer. His attorney and I exchange several letters, most of which appear to be intimidating. One of the letters I suggest that the roofer that took the items could be help liable for "theft by deception" if the items aren't paid for.
So MY QUESTION IS regarding the following paragraph. I have this agreement to sign and receive my $104 money order but am not sure if it prevents me from pursuing further legal action against the building owner. If I sign this agreement with this paragraph am I preventing myself from pursuing compensation from the building owner?
"Indemnity - <I> shall indemnify and hold harmless <roofing company> from any and all claims, liability, monetary judgement, costs or expenses, including reasonable attorney fees and expenses, resulting from or by reason of any claim by any person related to the incidents reference herein, including but not limited to a consignor whose property or merchandise was or may have been present which property or merchandise may be the subject of a claim, or for a claim of subrogation or claim for attorney's lien, made by any other person relating to the incidents described herein. <I> affirmatively represents as an inducement to <roofing company> to enter into this agreement that <I> is not aware of any such claims or intent to bring such claims by or on the part of any of it's past or present consignors."
This is the second revised letter from the attorney. The first version had a Confidentiality paragraph in it. This attorney could have prevented me from pursuing legal action against the building owner. The attorney removed that paragraph and revised the above Indemnity paragraph so that it said "any person related to the incidents herein" whereas it did limit this to a consignor.
Any recommendations would be very much appreciated. Due to the low amount of compensation in this case I couldn't obtain proper advice from an attorney because it would obviously cost more that $104 for the attorney.
I have a Mutual Release and Settlement Agreement I must decide to sign or ask the attorney representing a roofing company to revise.
Background - The owner of the building I rent (for my wife's consignment store) hired a local roofing company to replace the flat roof. The first day the roofing company arrived one of the employees called my wife a *itch after she refused to allow them to use the power outlets in our store for their saws. The reason she denied this was we are a new business with no profits and didn't want to run the AC the entire week while the door was open for their power cord. Our store at the time (we have since moved to a new building) only had one entrance/exit with no windows that opened (only display windows). She told them to use the empty office space next door instead. So things were off to a very bad start with the roofing company - which we didn't hire.
The roofing company worked on the roof that day (Monday) and didn't return. Tuesday of the NEXT week it rained. The roofers had a tarp on the roof but it wasn't tied down or secured properly. So our store FLOODED. We called the building owner and they wouldn't even come down to the store to see it. The roofing company was called and they came down and paid for many items at the price marked on them. They DID NOT file a claim with their insurance company. We did not have insurance to cover this type of problem. He told us his insurance company told him to take pictures and document everything. He gave us the impression this was backed by his insurance company. Anyway, he pays for most of the items, packs them up in a trash bag and leaves. A few items he said he would replace using his contacts in town or pay for. These items being jewelry displays, a vacuum cleaner and a cordless phone. These items total a mere $104. We had 3 witnesses in the store besides ourselves if that helps.
The roofing company refused to deal with me after he left the building and instructed me to speak with his lawyer. His attorney and I exchange several letters, most of which appear to be intimidating. One of the letters I suggest that the roofer that took the items could be help liable for "theft by deception" if the items aren't paid for.
So MY QUESTION IS regarding the following paragraph. I have this agreement to sign and receive my $104 money order but am not sure if it prevents me from pursuing further legal action against the building owner. If I sign this agreement with this paragraph am I preventing myself from pursuing compensation from the building owner?
"Indemnity - <I> shall indemnify and hold harmless <roofing company> from any and all claims, liability, monetary judgement, costs or expenses, including reasonable attorney fees and expenses, resulting from or by reason of any claim by any person related to the incidents reference herein, including but not limited to a consignor whose property or merchandise was or may have been present which property or merchandise may be the subject of a claim, or for a claim of subrogation or claim for attorney's lien, made by any other person relating to the incidents described herein. <I> affirmatively represents as an inducement to <roofing company> to enter into this agreement that <I> is not aware of any such claims or intent to bring such claims by or on the part of any of it's past or present consignors."
This is the second revised letter from the attorney. The first version had a Confidentiality paragraph in it. This attorney could have prevented me from pursuing legal action against the building owner. The attorney removed that paragraph and revised the above Indemnity paragraph so that it said "any person related to the incidents herein" whereas it did limit this to a consignor.
Any recommendations would be very much appreciated. Due to the low amount of compensation in this case I couldn't obtain proper advice from an attorney because it would obviously cost more that $104 for the attorney.