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.
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.