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Good evening! I can help you out with your legal question tonight. I'm sorry to hear about your situation.
There are a few causes of action I can think of based upon the facts given. The first is tortious interference with a contract.
The elements for that are the following:
Tortious interference occurs when a person intentionally damages the plaintiff's contractual or other business relationships.
Before I go on, did you have any questions? If you do, please just type them in here.
Ok, the first tort is the one I listed. You would need to show that his actions caused you damages. So you would file a complaint with the court, your cause of action would be tortious interference with contractual relations. You list your facts and your accounts. Then you would list how his interfering with your contracts caused you damage.
After you file your complaint, you could then pay to depose (question under oath) the clients and provide emails or testimony where he came and interfered with your contract. That would win the suit.
For damages, you would quantify the amount of money you would have made off that client, etc.
A little background - I am an HVAC contractor for the board of ed - this summer they had a mold situation which caused a 90k loss to the district. From the beginning - this guy pinned the blame on my company. I have a local attorney working on this issue and due to a NDA signed I can't go into details however I can tell you that this guy is my client main point guy in attacking my company. I even have a meeting with him tomorrow morning with my partner probably to discuss how we are going to deal with the client going forward.
I understand. Did you open a claim with your insurance provider(s)?
It sounds like there would be coverage from one of your insurance providers.
Not yet I discussed with my agent and doesn't look like we're covered however my contract w the boe did not require mold insurance coverage. as I said I do have lawyer working on this end but due to personal nature of the underlying issue I did not want to go into details with my lawyer just yet.
about my wife's affair and relationship with this guy
I know it is personal, but I believe it needs to be discussed because it adds to the facts as to why this tort occurred.
It is up to you and you can wait to decide when to use it, but I have found it better to get the information out there in order to help settle cases.
It is very personal though, so you can wait if you feel that is better.
Talk to your lawyer about this person interfering with contracts, you don't have to disclose the reason for his interference.
I agree however I guess that is why I am asking if there is anything to be gained from this info - I have told my lawyer that I have a personal beef with this guy and it probably led up to this issue.
Yes, just tell your attorney he is interfering for a personal reason and leave it at that.
To win, you just need to show that he knew of the contract and intentionally did damage in order to make you lose that contract.
Politically speaking this disclosure may not be good for anyone involved - ok I will discuss with him - to answer your question - yes he def knows about the contract - not sure if I can show that he intensionally did damage. I am dealing with a very smart and connected guy - I am looking for every and any angle to outwit him. I am sure the mold thing gave him the window of opp needed however not sure if it was smart of him to be the client's point guy - that is what I need to hang him on
Yes, I agree, it will be a lot of work and you will need some incriminating facts to help you. I think it is worth pursuing though.
what would be an example of an incriminating fact? I believe my wife would be willing to cooperate in my defense however not sure if that is a wise option
No, I wouldn't use her, it would open up too many doors that you don't want open. An incriminating fact would be: "I know you have this big contract with a client and I'm going to intentionally do what I can to break that contract so that you are damaged."
Emails, conversations, these are facts taht will help support your cause.
no way he is way too smart for that. I am going to have to settle out this issue with my client and perhap discus the issue further with my lawyer if the settlement becomes a tough sell - which I don't think it will be - their case is weak and no one want to go to court on this.
Good luck, did you have any other questions for me tonight?
no - thanks for your input I will research further.
No problem, take care and please leave me feedback so that I can continue to help others.