Legal Question in Civil Litigation in Georgia

Pool Contract

My Recreation club contracted with a Pool service provider in 2006. it was a 1 year agreement with an auto renewal if we miss the cancel date. The Pool co did not provide acceptable services. I have the records but we missed the cancellation date. What recourse do we have under GA law to resolve this matter? The Pool Co offered a settlement of 1/3 the full contract price ($2270). We offered 1/5 back ($990). no response. What next?


Asked on 1/15/07, 10:55 am

2 Answers from Attorneys

SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: Pool Contract

You may wish to employ an attorney to review all of the pertinent facts and your contract. That information may open up options that lead to something that is less costly. By hiring an attorney with negotiation expertise, the company will know that you are serious about obtaining a fair outcome. Call me if you wish to discuss this further.

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Answered on 1/15/07, 11:18 am
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Pool Contract

The money you pay a lawyer may be better spent working on a resolution when you are $12-1300 apart after the first offer. Your "recourse" is mainly in the contract. Obviously, you have read it and understand you have missed the cancallation date. What does it say about damages for termination? Read the entire document carefully, if you have not done so. Keep in mind that going back and complaining about the quality of services often comes up when it is time to make a payment or there is a dispute over amount, whether it is pools, doctor bills, or anything else. That does not mean you should not raise a legitimate issue, but the time to resolve it is normally at the time of the service, or the renewal. It just means that often those accusations come up as a bargaining chip and they often do not work. That said, if you can't work it out or think a lawyer may be able to get a better net result, that is an option. Keep in mind that one side getting a lawyer often means the other side gets one. Paying $2500 in legal fees to get out of a contract you could have settled for $2200 or less is not a great result. See if they come back with a lower offer, and go from there.

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Answered on 1/15/07, 11:46 am


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