Unassisted Random Thoughts

by **lethal** » Thu Aug 27, 2009 14:25:30

1) Anyone can sue anyone for anything, but 2) this guy would get laughed out of court if he tried to sue you unless 3) you told him to take the couch upstairs even though it was not in the delivery contract (and it normally is) and this is not something they normally do (and taking it upstairs is something they should normally do).

My personal (not professional) opinion is that you shouldn't worry about him suing you.

If anything, he should get worker's comp from his employer.

by **Grotewold** » Thu Aug 27, 2009 14:36:17

Thanks man. We're covered there, since my wife called two different times to warn the delivery team that they'd have to lower the couch, to bring pulleys, etc.

by **dajafi** » Thu Aug 27, 2009 14:50:53

So heading up to a long period of forced inactivity, I have two things to work on: a freelance (paid) project that I'm about as into as I would be cleaning out lint traps in an infinite laundromat, and a request I got yesterday to make some edits and comments on a "blueprint" for green collar jobs in NYC, purely pro bono. Needless to say, I've spent the last hour-plus on the second one.

I need to stop taking gigs I hate just to make a bit of money. Never ends well.

by **Woody** » Thu Aug 27, 2009 14:56:10

Jeff:

1. Logon to eLance or guru.com
2. Outsource that shit
3. Profit!

by **dajafi** » Thu Aug 27, 2009 14:57:07

Jeff?

by **Woody** » Thu Aug 27, 2009 14:57:43

(Stoned)

?

by **Bakestar** » Thu Aug 27, 2009 15:03:16

I am pretty sure he'd have to exhaust his workers comp remedies before he went after you.

And the third-party delivery contractors usually have indemnification provisions with the retailers, so whether you get "paid" by the delivery company or C&B, they will work out who's responsible between themselves, typically.

by **jerseyhoya** » Thu Aug 27, 2009 15:06:54

Indemnification is one of those words that if I hear or read it, I just assume the person who uses it is really smart.

by **Grotewold** » Thu Aug 27, 2009 15:07:02

The latest is the truck owner said for us to have the marble replaced/installed and send him the bill.

The dude's foot is broken in several places. (Inside his foot, but still.)

by **Grotewold** » Thu Aug 27, 2009 15:08:09

jerseyhoya wrote:Indemnification is one of those words that if I hear or read it, I just assume the person who uses it is really smart.

I used to think that about "intensive purposes," which it turns out has the opposite correlation.

by **Bakestar** » Thu Aug 27, 2009 15:09:13

Grotewold wrote:The latest is the truck owner said for us to have the marble replaced/installed and send him the bill.

The dude's foot is broken in several places. (Inside his foot, but still.)

Sounds like it's working out pretty smoothly. For everyone except the dude w/ broken foot, poor guy.

by **Bakestar** » Thu Aug 27, 2009 15:09:59

jerseyhoya wrote:Indemnification is one of those words that if I hear or read it, I just assume the person who uses it is really smart.

Well, now you know better.

by **lethal** » Thu Aug 27, 2009 15:11:23

Grotewold wrote:The latest is the truck owner said for us to have the marble replaced/installed and send him the bill.

The dude's foot is broken in several places. (Inside his foot, but still.)

Poor delivery dude, man, that sucks.

See if the truck owner will pay the bill directly so money never has to leave your hands (unless that's what he meant - I assumed reimbursement).

by **Grotewold** » Thu Aug 27, 2009 15:12:13

Good call -- thanks for your ears and advice, all

by **jerseyhoya** » Thu Aug 27, 2009 15:12:21

Bakestar wrote:
jerseyhoya wrote:Indemnification is one of those words that if I hear or read it, I just assume the person who uses it is really smart.

Well, now you know better.

Yeah, I was going to work in a "Having met Bakestar I am reconsidering this stance" but I couldn't figure out how to say it in a clever fashion. Mostly because I'm not clever.

by **Bakestar** » Thu Aug 27, 2009 15:19:24

Further, the delivery driver is probably a subcontractor for another third party delivery company that contracted with C&B to make deliveries. Probably at least a couple steps away from C&B.

It likely behooves the delivery company to pay this out rather than get things messy (and endanger a lucrative gig) by denying payment and letting it work its way up. It gets pricey when the retailers hammer the delivery companies for the costs of litigation pursuant to their indemnification* agreements.

(that's for jersey)

by **Grotewold** » Thu Aug 27, 2009 15:23:45

Thanks bake -- that'll help me walk my wife back from the (broken marble) ledge

by **The Dude** » Thu Aug 27, 2009 15:26:12

Grote I know of a dude that deals in marble countertops and the like, let me get his info

by **Bakestar** » Thu Aug 27, 2009 15:27:00

They probably break shit at people's houses all the time. They're probably more worried about the dude's foot right now.

And you're probably the last person they'd sue. All due respect, you're a lot less likely to pay a big settlement than Crate & Barrel.

by **Grotewold** » Thu Aug 27, 2009 15:28:47

Unless the fuck saw my Pez collection

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