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Old 04-14-2014, 11:09 PM   #12
BandB
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City: Fort Lauderdale. Florida, USA
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Quote:
Originally Posted by kitelog View Post

The contract is a single pager and the only language around damages is that he is not responsible for damage due to weather or mechanical issues. I do believe I have a pretty solid case
This also serves as a bit of a reminder to be very diligent in reviewing contracts prior to signing and/or having an attorney do so.

Even determining what state's contract law governs could be an issue. Now I doubt he'd engage attorney's to highly contest either over the amount in question.

Sometimes making a settlement offer, stating clearly that it's an attempt to resolve prior to filing suit, can benefit both parties.

Someone mentioned small claims and it might be a good small claims case but where? Is he in Florida? Are you going to go there and file? Or are you to file in Texas and if you do win, then what are you going to do to actually collect your judgement? Again expense. If you file in Florida, you have expense. If in Texas, just serving him with him in Florida is an added part of it.

And your word and opinion versus his word and opinion aren't likely enough to win. So, are you going to hire an expert to give you an opinion?

It's costly and might be worth one quick conversation with a Maritime Attorney, but by the time you consider the time and expense, I doubt it could be worth it. Understand your time involved in pursuing this is time you'll never recover and time you will not be compensated for.
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