• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Does cashing check without signing release letter signify acceptance of terms?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Runnergirl5

Junior Member
What is the name of your state (only U.S. law)? Colorado

A third party contractor was hired by our city/utilities to install cured-in-place styrene liners into our neighborhood's aging sewer lines. One of the manholes used for access lies 3 feet from the edge of our house in the alley. I came home one day and was overwhelmed by a strong chemical smell as soon as I walked in the house. It was off-gassing from the styrene liner. Within 5 minutes, I had a terrible headache. The fumes occupied all three floors of our house and even our closets. I immediately opened all the windows and doors to air it out. Unfortunately, the temps were in the low 30s, so I could not leave all the doors and windows open throughout the night. The chemical smell remained the next day, though not as strong (still bad) and I again, opened as many doors and windows as I could while home. The headache remained throughout the second day too. I contacted the city utilities to complain and they directed me to a city department, as we received no notice that this work was going to be done. The city said they were not liable and put me in touch with the third party contractor. Wanting some compensation for our heating costs since the furnace was constantly on for two days and for our discomfort in having to be in our home for those two days with temps in the 30s and windows and doors open, I requested reimbursement. I asked for $200, which I felt was adequate compensation for our heating costs and inconvenience, since a hotel would have cost at least $100 per night for two nights. I did express concern as to the safety of the chemical fumes and was assured it was safe as their workers were exposed to it constantly with no ill effects, despite my two day migraine response.

Well, the check just arrived, but with the check was a waiver of responsibility and release agreement with a confidentiality clause. I only asked for compensation for our heating costs and inconvenience. This type of agreement they sent is something I would expect with a settlement, which is apparently how they view this. I am not surprised. I am uncomfortable signing away my rights to any future action when I am not qualified to make a determination as to the safety of being exposed to styrene emissions. By virtue of the fact that the smell was so overwhelming in our home, it would seem obvious that EPA safe levels of emissions were exceeded in our home. While I do not anticipate any future action, our family doctor advised that we not sign it because you never know what issues could arise in the future.

The release I am to sign indicates that "refusal or failure to return a signed copy of the attached agreement does not waive any release mentioned above. Depositing or cashing the attached check qualifies, in its own agreement to the terms above."

My questions is: By cashing the check, how can that indicate agreement to the terms if I have not signed off on the agreement to those terms, and therefore we have no executed agreement? Nothing is written on the check that notates that cashing it indicates acceptance of their terms. It's in the release only signed by their project manager. I simply want reimbursement for my heating costs and our inconvenience of having our windows and doors open in 30 degree temps. It seems to me that I should be able to cash the check without agreeing to their terms and without waiving my rights. So, can I cash the check without waiving my rights?

If that is the general consensus, would it be best to e-mail a response to the project manager with whom I have been communicating, to indicate that I am not agreeing to their terms, but am cashing the check as the agreed upon compensation?

Please advise.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Colorado

A third party contractor was hired by our city/utilities to install cured-in-place styrene liners into our neighborhood's aging sewer lines. One of the manholes used for access lies 3 feet from the edge of our house in the alley. I came home one day and was overwhelmed by a strong chemical smell as soon as I walked in the house. It was off-gassing from the styrene liner. Within 5 minutes, I had a terrible headache. The fumes occupied all three floors of our house and even our closets. I immediately opened all the windows and doors to air it out. Unfortunately, the temps were in the low 30s, so I could not leave all the doors and windows open throughout the night. The chemical smell remained the next day, though not as strong (still bad) and I again, opened as many doors and windows as I could while home. The headache remained throughout the second day too. I contacted the city utilities to complain and they directed me to a city department, as we received no notice that this work was going to be done. The city said they were not liable and put me in touch with the third party contractor. Wanting some compensation for our heating costs since the furnace was constantly on for two days and for our discomfort in having to be in our home for those two days with temps in the 30s and windows and doors open, I requested reimbursement. I asked for $200, which I felt was adequate compensation for our heating costs and inconvenience, since a hotel would have cost at least $100 per night for two nights. I did express concern as to the safety of the chemical fumes and was assured it was safe as their workers were exposed to it constantly with no ill effects, despite my two day migraine response.

Well, the check just arrived, but with the check was a waiver of responsibility and release agreement with a confidentiality clause. I only asked for compensation for our heating costs and inconvenience. This type of agreement they sent is something I would expect with a settlement, which is apparently how they view this. I am not surprised. I am uncomfortable signing away my rights to any future action when I am not qualified to make a determination as to the safety of being exposed to styrene emissions. By virtue of the fact that the smell was so overwhelming in our home, it would seem obvious that EPA safe levels of emissions were exceeded in our home. While I do not anticipate any future action, our family doctor advised that we not sign it because you never know what issues could arise in the future.

The release I am to sign indicates that "refusal or failure to return a signed copy of the attached agreement does not waive any release mentioned above. Depositing or cashing the attached check qualifies, in its own agreement to the terms above."

My questions is: By cashing the check, how can that indicate agreement to the terms if I have not signed off on the agreement to those terms, and therefore we have no executed agreement? Nothing is written on the check that notates that cashing it indicates acceptance of their terms. It's in the release only signed by their project manager. I simply want reimbursement for my heating costs and our inconvenience of having our windows and doors open in 30 degree temps. It seems to me that I should be able to cash the check without agreeing to their terms and without waiving my rights. So, can I cash the check without waiving my rights?

If that is the general consensus, would it be best to e-mail a response to the project manager with whom I have been communicating, to indicate that I am not agreeing to their terms, but am cashing the check as the agreed upon compensation?

Please advise.
When you cash a check understanding in advance the conditions set out for cashing it, you can be bound by those conditions. If you do not want to be legally bound by the terms of the release, you should not cash the check.

The sending of a check by one party to another, and the subsequent cashing of the check by the other party, is a method of settling a claim called "accord and satisfaction."
 
Last edited:

latigo

Senior Member
What is the name of your state (only U.S. law)? Colorado

A third party contractor was hired by our city/utilities to install cured-in-place styrene liners into our neighborhood's aging sewer lines. One of the manholes used for access lies 3 feet from the edge of our house in the alley. I came home one day and was overwhelmed by a strong chemical smell as soon as I walked in the house. It was off-gassing from the styrene liner. Within 5 minutes, I had a terrible headache. The fumes occupied all three floors of our house and even our closets. I immediately opened all the windows and doors to air it out. Unfortunately, the temps were in the low 30s, so I could not leave all the doors and windows open throughout the night. The chemical smell remained the next day, though not as strong (still bad) and I again, opened as many doors and windows as I could while home. The headache remained throughout the second day too. I contacted the city utilities to complain and they directed me to a city department, as we received no notice that this work was going to be done. The city said they were not liable and put me in touch with the third party contractor. Wanting some compensation for our heating costs since the furnace was constantly on for two days and for our discomfort in having to be in our home for those two days with temps in the 30s and windows and doors open, I requested reimbursement. I asked for $200, which I felt was adequate compensation for our heating costs and inconvenience, since a hotel would have cost at least $100 per night for two nights. I did express concern as to the safety of the chemical fumes and was assured it was safe as their workers were exposed to it constantly with no ill effects, despite my two day migraine response.

Well, the check just arrived, but with the check was a waiver of responsibility and release agreement with a confidentiality clause. I only asked for compensation for our heating costs and inconvenience. This type of agreement they sent is something I would expect with a settlement, which is apparently how they view this. I am not surprised. I am uncomfortable signing away my rights to any future action when I am not qualified to make a determination as to the safety of being exposed to styrene emissions. By virtue of the fact that the smell was so overwhelming in our home, it would seem obvious that EPA safe levels of emissions were exceeded in our home. While I do not anticipate any future action, our family doctor advised that we not sign it because you never know what issues could arise in the future.

The release I am to sign indicates that "refusal or failure to return a signed copy of the attached agreement does not waive any release mentioned above. Depositing or cashing the attached check qualifies, in its own agreement to the terms above."

My questions is: By cashing the check, how can that indicate agreement to the terms if I have not signed off on the agreement to those terms, and therefore we have no executed agreement? Nothing is written on the check that notates that cashing it indicates acceptance of their terms. It's in the release only signed by their project manager. I simply want reimbursement for my heating costs and our inconvenience of having our windows and doors open in 30 degree temps. It seems to me that I should be able to cash the check without agreeing to their terms and without waiving my rights. So, can I cash the check without waiving my rights?

If that is the general consensus, would it be best to e-mail a response to the project manager with whom I have been communicating, to indicate that I am not agreeing to their terms, but am cashing the check as the agreed upon compensation?

Please advise.
Its a matter of fundamental contract law - offer and acceptance. The company has made you an offer. Which you are free to reject. However, the act of cashing the check as it has been tendered will inalterably constitute your unconditional acceptance of the offer on the terms as presented.

The check is integral to the accompanying waiver and release agreement. You cannot treat it separately, cash it and expect to preserve possible future claims arising out of the same circumstances.
 

Zigner

Senior Member, Non-Attorney
You could always refuse the check and take the contractor to court with the understanding that you will almost definitely lose in court.
 

quincy

Senior Member
I did want to add to my previous post that it can matter exactly what the release released.

If there was mention of heating costs in the release, this might not preclude a later demand for, or lawsuit over, any medical expenses that might result from the exposure to the styrene. A personal review of all exchanges between the contractor and Runnergirl, and a personal review of the settlement check and release, could be warranted.

In other words, depending on the wording of the release, cashing the check might still preserve the right to sue.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top