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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Account #87813651 - Order ID-15437915-703..............

Customer Question

Account #87813651 - Order ID-15437915-703..............Hello Dimitry: As I expected the Association dragged their feet responding to my "Hold Harmless" and are not willing to sign it. The Association feels that my heirs, and successors need to be part
of the agreement. They should not be able to come back and sue the Association for damage done to this wood floor. Added to their letter quote "If there is an unrelated claim you are not prevented from taking legal action with the Association. The claims protected
in this agreement are any items related in full or in part by the leaky irrigation line near the southwest corner of your home." The Board will honor the $960 settlement, but the original Release of Liability needs to be signed before payment can be released.
p.s. I feel they resent the fact I chose the company to do the floor repairs rather than accept their recommendation. Purging through the CC&R's (if I interpret them correctly) the contractor would be as liable as I would be in the event this damage occurs
in the future and I could come back at the Association? Your thoughts - PLEASE T.Y. Irene
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Irene,

Thank you for your question and thank you most kindly for requesting me again. I would be most happy to help you with your concerns.

Your understanding is correct--since the contractor is acting as your 'agent', anything your agent does is the same as if you are doing ti yourself. Therefore if the contractor damages the premises, it is the same as if you damaged the premises because you hired that contractor directly.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
As of this date, I refused the Association's Release of Liability stating: "Penner Hardwood replaced the damaged floor with material I had remaining from original installation. No damages occurred to a "common area" or "neighboring units" resulting
from his work. Therefore, I can not agree to release extinguishments of certain obligations due me, the homeowner, my heirs, executors, administrators now or in the future." I enclosed my "Hold Harmless Agreement" for their signatures.
Their response to me: "At this time, the Board is not willing to sign the HHA. They feel that my heirs and successors NEED to be part of the agreement. They should not be able to come back and SUE the Association for the damage done to this wood floor. Please note, if there is an UNRELATED claim you are not prevented from taking legal action with the Association. The claims protected in this agreement are any items related in full or in part by the leaky irrigation line near the southeast corner
of your home." The Board will honor the $960 settlement, but the original Release of Liability needs to be signed before payment can be released. . . . . signed by M. A. Perkins on behalf of : The Board of Directors. . . . . .
If you still have my entire HHA, there is underlined MODIFICATION OF AGREEMENT stating the agreement may be supplemented, amended, and/or modified only by and through the mutual agreement of all parties. No supplement or modification of this agreement shall be binding unless done so in writing and signed by all parties to this Agreement.Can you think or suggest different verbage that would convince them, I had/have no intention of suing or going to court over this Alternative Dispute or expect my heirs, successors, etc to do likewise!
It puzzles me they suggest I can seek legal action if there were to be an "unrelated" claim - - - - not the leaking irrigation
system?? I expected them to delay settlement; it seems to be their mode of operation! Thank You for your input!
Irene
Expert:  Dimitry K., Esq. replied 1 year ago.
Irene,
To be honest, if you are signing a 'hold harmless', requesting that you add your heirs and assignees is frankly proper language on their end. They do not want a situation where you agree to not sue, but turn around and sell the property tomorrow, and have that person turn around and sue them in return. If you have no expectation of filing suit, then add that change to the verbiage---it is the correct verbiage if your intention is to hold them harmless. The reason they brought up 'unrelated' action is because typically those who tinker with hold harmless language mean to them that the person is mulling over a suit, so they are explaining what is and what is not limited by the agreement.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
Good Morning: TY for your reply. My thoughts are to edit the Hold Harmless agreement @ the very beginning:
HOLD HARMLESS AGREEMENT - MODIFIED ......then ......as of this date by and between Irene---------and my heirs, executors, administrators, contractors (hereinafter referred to as the "Indemnitees" and Fernhill Community Owners Association etc. etc. etc.Down to the fourth paragraph: MODIFICATION OF AGREEMENT: As of this date______this agreement shall be modified; all parties agree Irene S------and heirs, executors, administrators, contractors specify Fernhill Owners Association to be held harmless now and in the future. Agreement to be signed by all parties and is a valid and legal agreement and enforceable in accordance with its terms. Do you feel this verbiage projects the fact, I never intended to enter into a lawsuit and would be acceptable?? Irene
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

I think that should be sufficient, but I just do not see the need to claim modification.

Sincerely

Dimitry, Esq.

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