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Advice Needed Badly.

Discussion in 'Business & Corporate Matters' started by JohnnyDoe1, Oct 1, 2019.

  1. JohnnyDoe1

    JohnnyDoe1 Law Topic Starter New Member

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    Hello.
    I am facing an issue without knowing what to do on a 3 party agreement.
    It seems that the 2 other parties on the agreement, turned against each other and now 1 side is blaming the other for not keeping up with the agreement, following with a contract breach sue.
    From the looks of it, the situation will for sure go to courts.
    Is there anything i can do since i am also legally involved in the agreement as the 3rd party?
    For sure my side in case the agreement doesn't keep up will be damaged a lot, and the whole situation is between the other 2 parties not me.
    Its possible to somehow save this, and do something to protect my side not to receive any further damage?

    Thank you in advance.
     
    Last edited: Oct 1, 2019
  2. mightymoose

    mightymoose Moderator

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    Have you had any damages so far?

    The language of your contract should explain your options to you. If the contract does not address the issue, and if you have no damages yet, you might consider just being patient and seeing how things play out.
     
  3. JohnnyDoe1

    JohnnyDoe1 Law Topic Starter New Member

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    Yes, the agreement is clear that in case of a contract breach, the side that haven't done their part will have to cure the breach within the written period.
    That period is expired and yes, i remained patient and waited for things to play out, but seems the situation is becoming heavier and more worse between them.
    That's why i would like to know if the 3rd party has any power to do something in order to stop this.
    So far my side received damaged yes, there were a lot of things that my side did (expenses took place).
     
  4. zddoodah

    zddoodah Well-Known Member

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    Ummm...has someone sued someone or not?

    I'm quite confident that you can do lots of things, but I doubt that's really what you intended to ask.

    Huh?

    I'm guessing maybe English isn't your first language, but aside from that, you have provide us with no details at all about the subject matter of the agreement or what's going on, so I'm not really sure what sort of response you're seeking.
     
  5. JohnnyDoe1

    JohnnyDoe1 Law Topic Starter New Member

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    Yes, 1st party sued the 2nd party for not delivering according to the agreement, (like the proccess should had been into point B, but was still in point A) and for not curing the contract breach.

    I don't know what i can do, that was the main reason i created this topic.
    I dont live in U.S., but the agreement was created under the laws of Washington since the 1st party is located and operates its bussiness in D.C.
    That's why i'm not familiar at all with the laws of D.C. and seeking advice.

    The subject was to create an application, 1st party was funding the 2nd party, and my side as well, (seperated from the 2nd party).
    After reaching a certain point, the 2nd party required more funds to proceed, and the 1st party was asking them what happened, and where did all the money go.
    This is where things became wild between them, and all started.
     
  6. zddoodah

    zddoodah Well-Known Member

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    Was the lawsuit filed in the U.S.? If so, you'll need to have a lawyer in the jurisdiction where the case was filed review it in order to advise you how the lawsuit might impact you and what, if anything, you ought to do about it.
     
  7. JohnnyDoe1

    JohnnyDoe1 Law Topic Starter New Member

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    Yes, lawsuit is filled in D.C.
    So, there's not an option for me as the 3rd party to do something in order to stop this?
    I know that i will definitely need a lawyer if i want to proceed, but i would like also to find out if there's any power to the 3rd party, like if i can enforce the agreement to keep up, and stop all of these.
     
  8. army judge

    army judge Super Moderator

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    No, a party to a contract has no power to FORCE other parties to a contract to behave.

    You can't stop any party to a contract from breaching the contract.

    You CAN go to court and petition the judge to award you a remedy specified in the contract.

    I suggest you READ and ENDEAVOR to UNDERSTAND the contract to which you are one of three parties.

    You need to know what duties each of you have to the body, and/or each of you.

    You can take the contract to a lawyer in Greece and ask that lawyer to help you understand your duties, rights, and remedies of the contract.

    The lawyer can also assist you in understanding what jurisdiction's laws apply and where you MUST go to enforce the contract and/or seek remedies provided by the contract.
     
  9. zddoodah

    zddoodah Well-Known Member

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    Stop what? There is nothing you can do to make the other two parties to the contract stop suing each other.

    And those are things about which the lawyer will advise you.
     
  10. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Stop what? There is a dispute between the funding party and a software vendor. Now the money has stopped flowing. Who is the party responsible and obligated to pay you for your work? What do the terms say about a work stoppage? There aren't enough details for anyone to help and all we can do is give you guidance on how to read through a multi-party agreement like this with limited assistance.
     
  11. JohnnyDoe1

    JohnnyDoe1 Law Topic Starter New Member

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    I contacted a local laywer and gave details on the situation, but apart from some advices on how to proceed with the 1st party, he couldn't tell me anything more due to not knowing how the law system works in D.C. for such situations.
    That's the reason i came here first, seeking further assistance.
    The 1st party is obligated towards me, and i am towards them. But the issue that came up was between 1st and 2nd party, not me.
    The other parties have nothing against me, but damage has been done to my side and none can deny this.
    I have read and understood everything on the contract, but i never been in a similar situation like this, and its normal not knowing how to re-act and what options/power/rights do i have (apart from the contract terms) in order to save this situation and prevent what is happening.

    Thank you all for your replies.
     
  12. zddoodah

    zddoodah Well-Known Member

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    Bottom line: no one who hasn't read your contract can advise you intelligently.
     
    hrforme likes this.
  13. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Situations like these are why it is advisable to have a good lawyer at the beginning of an engagement who can foresee such circumstances which may arise and account for them in the contract.

    Getting back to the point, without knowing what happened it's difficult to provide insight and it seems that you've spoken to a lawyer. My guess is that this falls into the gray area which may be determined by state law. A situation such as the one you suggest is where there are two vendors providing services and you might be dependent upon the other vendor to allow you to complete the work to provide to the client. In such a situation, the reality is that while you may have a claim for the work you've performed against the client it doesn't help with a practical solution. You may be out of money and a strained relationship tainted solely by someone else. Don't know what more we can help without the facts. Good luck.
     
  14. JohnnyDoe1

    JohnnyDoe1 Law Topic Starter New Member

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    Hello.

    Sorry for reviving this, but there's progress on the case.
    Currently, Party A has filled a complain against Party B.
    Party A was providing the funds, and me together with Party B were obligated to develop a fully working product for Party A.

    Party B, said to me that after a disagreement with Party A, they are competely stopping the project.
    I spoke with Party A when the incident occured, and they suggested to me to stop all communications with Party B, since they were going to fill a complain, and take this to courts.

    In the agreement, i am bounded with party B, to deliver the product, but Party A was the one that engaged me into the project.

    Now while Party B told me that the project was stopped, and i stayed there for 1 full month waiting to see if something was going to change, after this month has passed, i went back to my place since Party's B location was in a different country.

    The situation right now has like this. Party B is claiming that they never stopped working on the project, and that they never locked me out, while clearly they disabled all of my accounts there, deleted the project folder from my workstation, and the financial director of Party B told me that the possibility of resuming this project it's extremely low, below 10%.
    Keep in mind that this is my project, a project that i designed, and they could never keep on going without my assistance since this is clearly mentioned in the agreement as well, that i am the head designer of the project.
    The reason Party B is claiming that, is because in the agreement, there's a safeguard term, which ensures that if the project reaches "a certain phase" the source code and everything belongs to Party B, and Party A has no rights to do anything.
    But the project was stopped 4 months before reaching that date, and this is what Party A wants to prove.

    Party A is requesting now from me information in order to help them win the case, since i have documents from discussions that took place with Party B, (chat logs that took place after the project was stopped), and this information will burn Party B for good.

    But, there's a big BUT in this case...My side, with all the damage that received, who is going to give me something in exchange from what i have been through. This is my big delimma right here.
    I will gladly help Party A to prove the truth, since Party B really stopped working on the project, but i have been through a lot of chaos these last months, in order to stabilize my life again, since the changes that i did for the project were big.

    According to Party A discussions that i had a few months ago, the project will continue with a new party, but currently i am facing real economical issues from all these events, and i dont know who to blame and what is the right thing to do.
    One thing is for sure, that my side did nothing wrong, the 2 other parties came to a disagreement, which lead into the current situation. Yet my side has been through a lot, and i really can't accept not taking anything back from all these.

    But it's extremely difficult for me what the best course of action is, i never experienced a similar situation like this before, and i really don't know how to proceed.

    Thank you.
     
    Last edited: Jan 22, 2020
  15. Zigner

    Zigner Well-Known Member

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    You were TOLD how to proceed. Speak to an attorney in the jurisdiction where the case was filed.
     
  16. JohnnyDoe1

    JohnnyDoe1 Law Topic Starter New Member

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    Seems you don't understand that my position is CLEARLY very complicated, since i am right in the middle and the one that i did NOTHING WRONG.

    I already wrote that with the economical issues i am facing from all these, and the fact that i am NOT in the US, its not very simple to just "find the right attorney for a case like this.
    In my country, lawyers are not familiar with US laws and what is the best to do, so while i did contacted 2 different lawyers, none could advise me, neither take responsibility for the advice.

    I came here looking for any solid advice can be given from experienced attorney's, which of course know the US laws.
     
  17. army judge

    army judge Super Moderator

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    Complex legal issues can't be resolved via the internet or for FREE.

    After almost four months one would suspect you'd have discovered that.

    I wish you well in this third decade of the new millenia.
     

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