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Tue 24 Jul, 2018 10:26 am
Trying to decide whether to settle with architect who, once contract was signed, seems to have ignored all previous communications (or neglected to take notes during time that I was paying for...not sure which)...spent a lot of unnecessary time on things I never asked for....going way over budget.
My question is, in a court of law, does the court/can the court assign any responsibility to either party for ignoring information shared in the course of business? Or...put another way.... Is the court required to ignore any agreements that are not listed in detail in the contract?
It seems to me that it would be impossible to create a contract that includes every detail of every conversation and understanding that takes place...and that "good faith and fair dealing" might come into play?
Comments?
@MaCoeur,
This is an awesome question for competent legal counsel in your jurisdiction. If this dispute is in the thousands (which it sounds like it is), please use a paid professional.
Burden of proof will have to be yours to prove he didn't do what the contract stated he would do.
Unless you gave him specific instructions, (i.e. design me a kitchen 18 x 20' with all built- in appliances, room for large dining table, with adjoining bathroom, many windows, in a room that faces west to enjoy the sunset) you give him free reign to "design" what he things is right for you. God only knows what that would be . . .
You've seen that ad for Delta where the couple brings in a faucet and sets it on the table and says to their architect, "Design a house around that." Wonder if he got that right.
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