Consumer Law, Warranties 4th party subcontractor being harassed and threatened

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abcguard

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Hi All,

I was a 4th party subcontractror who was awarded a part of the scope of work / purchase order issued by a small company (A) to a Telephone Company, who in turn subcontracted a part of their purchase order to another company (B), who then issued a part of their purchase order from Telephone company to me (C).

The scope of work for me was to install, configure and test some equipment that included setting up a small server running Microsoft software and some antivirus / antispam application on new server and few existing computers. The work was completed and (A) accepted my work and confirmed in writing to Telephone company and to (B) that my (C) work was all completed to the their full satisfaction almost two months ago.

In my (C) scope of work / purchase order from (B), there is no maintenance support that I need to provide to support to (A) if after discharge of my work, they have any issues.

After almost two months, I started getting directly some emails from (A) that they have some issues that I need to fix. I advised them that if they have purchased any program / application level support from Telephone company, they should approach Telephone company technical support department directly or thru Account Executive assigned by Telephone company to his account and that he should not write me directly and that I will not be responding to his emails. But he keeps writing to me that since work was done by me, I need to fix it. I advised him in last 3 days ever since he started sending these emails to me that he should please speak with Telephone company or even (B) as he has issued me no direct purchase order or signed an agreement with me for which I will be held liable, but he is now threatening me to claim damages for any loss of business and gave me a notice of 24 hrs to fix all problems else he will pursue legal actions against me, despite my telling him that it is holiday season and that I am out of country until end of first week of january.

I have copied these emails or forwarded all emails that I have now not responded, to Telephone company and to (B), though I have not heard back from these parties (probably because of holidays or may be they do not care).

I have advised (A) that his threatening emails and scare tactics to me despite my requesting him to seek support from the telephone company with whom he has issued purchase order and signed contract, is causing hardships and mental harassment to me and that my scope of work between (B) and my company (C) is over and he himself had given in writing that my project was successfully completed and I was already paid for and that if I get additonal request and paid for by someone to go and look into your issues, I will do so.

Please advise if I am correct to file a law suit against (A) for undue mental harassment to me. Again I have no direct contract between him (A) and me (C) against which he will threaten me to not have completed my obligations.

I am a self employed person, but have my business incorporated, so personally I am insulated from my business liabilities. With small income, I do not want to get into legal issues but all thru the holiday season, I have been harassed by this person, who does not seem to understand that he has no legal grounds and that he has to approach big phone company for any support. Further please note that I had provided (A) all passwords and had shown him during training how to change the same, and emailed him asking him to change the passwords so that no one can remotely login to his network, but he said he will not change. But I do not login to his network as a professional, but he may himself or may have used someone else to fiddle with his own equiment to trying to create issues. In software applications, as you are aware, there is no guarantee of continual working, since a buggy update / patch automatically downloaded / applied can break things / functionality and further his computers are not in my control and any other software / applications on those computers can cause conflict and result into some of his issues. And for the same reason, companies have IT departments for day to day opeartion and maintenance and that small companies contract out such support services to outside parties to help fix such issues. When I had completed my work, everything was working and after two months, if there are some issues, there can be hundred reasons beyond my control. Also if (A) has purchased / installed licensed legal softwares / applications, he needs to go to the software / application vendors directly to seek support.

Please advise as this is causing lot of stress to me.

Thanks and have a great new year.
 
First, I didn't read all of that-

However, if you are certain that the problem is something that is the responsibility of the phone company then you have done all you can do. For the sake of customer service you might offer to look at the problem and confirm whether it is an issue for you or for the phone company, but don't make and assurances unless you determine it to be in the realm of your responsibility.
If he sues you rather than contact the appropriate resource as he was directed to, then he will have to explain that ot a judge. Don't be concerned with threats- people always say they are going to do things that they have no idea they can't carry out. Don't worry about it... just confirm it isn't your problem.
 
Thank you very much mightymoose for your support and prompt response.

I will request you to spare few minutes and do read my long and detailed post.

As per my contract with 3rd party subcontractor (B), I had delivered all I was required to do and do not want to visit that site as that is all he (A) wants because he knows phone company will not support him and he wants free support that he has not paid for. I had gone there couple of times even before this for issues that he projected to me and they were non-issues related to his own computer settings / software that is not my responsibility. That is why I told him in writing at least three times that he has to approach Phone company with whom he has a binding written agreement.

Do you believe that any attorney / lawyer will send me a notice by not asking to be provided a copy of a binding contract between me and him, which does not exist? And how will he/she find a merit in the case?

I agree that he is just trying to scare me once again to come onsite and fix his issues (and he might himself may have created these issues by mis configuring his server / computers or it may have been a bad software patch totally unreleated to myt work, say some Microsoft update) that may require endless amount of time and effort for me to figure out).

Even when I write him that I am out of country until january 10, he purposely sent me an email that I need to fix his issues within 24 hours implying I need to fly back instaneously rather that saying that let us have a conference call involving all concerned and determine whose issue it is on my return.

Please advise.
 
Do you believe that any attorney / lawyer will send me a notice by not asking to be provided a copy of a binding contract between me and him, which does not exist? And how will he/she find a merit in the case?
I don't know what that question means. In answer to your original post,
Please advise if I am correct to file a law suit against (A) for undue mental harassment to me. Again I have no direct contract between him (A) and me (C) against which he will threaten me to not have completed my obligations.
Define "correct". If you are asking whether such a lawsuit has any hope of success, the answer is no. Mr. Party A is a jerk, but in and of itself, that is not actionable. If you are asking whether this might be useful in getting him to leave you alone, the answer is "maybe". On the other hand, it might just get his goat. I would ignore him unless and until he serves you with a lawsuit.
 
Thanks dee_dub for your advice.

My question was that if Party A approached a lawyer and ask him to prepare a legal notice to be sent to me, will not that lawyer ask for copy of binding contract between A and C?

I do not wish to file a lawsuit against him but if he does and I end up spending my time and effort and money, and if court rejects his case, how will I be compensated for my time and money spent to fight this case.

I do agree to ignore him unless I really get served with a legal notice.

Please advise.
 
My question was that if Party A approached a lawyer and ask him to prepare a legal notice to be sent to me, will not that lawyer ask for copy of binding contract between A and C?
Thank you for clarifying.

A lawyer might be retained to send you a demand letter without seeing the legal contract. But that is not a "legal notice" per se.

A lawyer might be retained to commence legal action against you - file suit in court - without seeing the written contract. The lawyer is not there to act as the court's gatekeeper, although they should give the guy a frank assessment of his chances. One of the steps in the legal process is called "discovery" (or its equivalent in Ontario). If you are sued, you give the guy notice to produce whatever documents he has proving his case. It will quickly become evident he has none. This might not stop him from proceeding, but it's pretty good disincentive.
I do not wish to file a lawsuit against him but if he does and I end up spending my time and effort and money, and if court rejects his case, how will I be compensated for my time and money spent to fight this case.
You don't file a lawsuit against him. You ignore him. If he files suit against you, you respond. I would suggest you don't claim for emotional suffering or the like, you'll just look unreasonable. In your response, you deny liability, and you ask for costs. If you win, you should get them. You can also offer to settle - if he proceeds anyways, despite discovery revealing he has no case, and the court gives him less than your offer (e.g. you offer to settle for $0, he says no, and the court not gives him $0 but it awards you costs as well) he may be subject to punitive costs. But frankly this is getting ahead of things. Just ignore him.
 
If Party A approached a lawyer about this problem then the lawyer should direct him to the appropriate resources so he doesn't make an ass of himself any more than he has.
 
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