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Trick or treat

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bfu

Junior Member
What is the name of your state (only U.S. law)? SD
I own a holiday rental business. I have decorated this town in the past for 9 years, 6 without a contract and the last 3 with a very A,B, C contract. Put up decorations by this date take down by this date. The town decided to have their own employees do it for the past 4 years - thought price was too high. Now faced with a large event and not liking how the employees decorated I was contacted.
Within 9 days the initial contact , I verbally accepted to give them a bid and provided them with a proposal for the committee to present to the board at the next meeting. I turned it in on a friday and the meeting was on a monday. I was asked to write up a brief proposal based on "past" decorating. No breakdowns just listing the areas and the total so the funds can be gotten immediately because time is running out. It was approved by the board, monies are now in place. They approved the funds that monday night and that wed of the same week, we Had a meeting to iron out dates for the contract. I provided the contract we last signed 4 years ago. However, there are issues, one being this town feels that they pay for the decorations in my bid, even though it has been clearly stated in each contact (last two years I was hired, even though I explain I am a rental business) they do not own any of the lighting or decorations. I was presented with over a 5 page contract with all new stipulations on last thursday evening and a new updated contract on Friday evening of the same week of the meeting and approval of funds. On sat. of the same week before I even agreed to the terms of the contract, I was asked if they could change something else on the proposal, which I did not respond to because, I do not agree with and will not do what is stipulated on the contract. The major stumbling block is the ownership of the decorations will belong to the town. I turned down the contract, stating that I do not agree with the terms on Wed 4 days after the last contract update. I was presented within hours with a stern letter from the town's attorney stating that I gave a proposal, they accepted it (no signatures on it because it was just a prelimary proposal - itemization was to come later) and now its too late to find another decorator because we dragged our feet. Am I bound to whatever terms set forth in the contract. Which I did not sign, which I do not agree to.
I just received another email stating they want to eliminate another area I listed on my proposal to decorate another totally different area. With a list of decorations they want me to buy for them to keep. How do I get out of this!
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? SD
I own a holiday rental business. I have decorated this town in the past for 9 years, 6 without a contract and the last 3 with a very A,B, C contract. Put up decorations by this date take down by this date. The town decided to have their own employees do it for the past 4 years - thought price was too high. Now faced with a large event and not liking how the employees decorated I was contacted.
Within 9 days the initial contact , I verbally accepted to give them a bid and provided them with a proposal for the committee to present to the board at the next meeting. I turned it in on a friday and the meeting was on a monday. I was asked to write up a brief proposal based on "past" decorating. No breakdowns just listing the areas and the total so the funds can be gotten immediately because time is running out. It was approved by the board, monies are now in place. They approved the funds that monday night and that wed of the same week, we Had a meeting to iron out dates for the contract. I provided the contract we last signed 4 years ago. However, there are issues, one being this town feels that they pay for the decorations in my bid, even though it has been clearly stated in each contact (last two years I was hired, even though I explain I am a rental business) they do not own any of the lighting or decorations. I was presented with over a 5 page contract with all new stipulations on last thursday evening and a new updated contract on Friday evening of the same week of the meeting and approval of funds. On sat. of the same week before I even agreed to the terms of the contract, I was asked if they could change something else on the proposal, which I did not respond to because, I do not agree with and will not do what is stipulated on the contract. The major stumbling block is the ownership of the decorations will belong to the town. I turned down the contract, stating that I do not agree with the terms on Wed 4 days after the last contract update. I was presented within hours with a stern letter from the town's attorney stating that I gave a proposal, they accepted it (no signatures on it because it was just a prelimary proposal - itemization was to come later) and now its too late to find another decorator because we dragged our feet. Am I bound to whatever terms set forth in the contract. Which I did not sign, which I do not agree to.
I just received another email stating they want to eliminate another area I listed on my proposal to decorate another totally different area. With a list of decorations they want me to buy for them to keep. How do I get out of this!
If you never signed a contract, you are not beholden to the terms they are offering. Its not your fault that they decided to change things at the last minute.
 

justalayman

Senior Member
the fact they are still wanting to alter the contract shows they do not believe the "perceived contract" is binding either.

I am having a hard time understanding how you have this problem though. If not written properly, you need to insert proper language in your contract that clearly states whether the decorations become the property of the town or remain with you. If it is already clearly stated, then they are simply arguing a non-issue. If that is the case, I would simply tell them that if they wish to retain ownership of the decorations, that contract would be $XXXXX.xx instead of the current price.

The other thing you have going for you: since you state this was simply the same contract you used before, if they did not retain ownership of the decorations after take down, that would show that, by past practice, both you and they understood they were rental items only.
 

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