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Agorist, Esq.
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Agorist, construction lawyer, parent, equestrian, šŸ”« instructor, skier, outdoorsy type, gardener. SquatchFest contributor. TSP Fan.

ā€œnow and then you can do the guest inā€¦ā€

Imagine standing in line at #gideonsbakehouse , waiting to get your yummy cookie and a new candle, and THIS is what they have, just weeks after you got to see #SweeneyTodd on #Broadway ! (Candle is called ā€œBy the Beautiful Seaā€ and has a turtle in it, and I also collect turtles …)

I like random / odd Disney souvenirs that, unless you knew it was Disney (or Disney adjacent), you wouldn’t know it was Disney. I LOVE this.

And as soon as I saw it I said ā€œI JUST saw this!ā€ and everyone behind the counter said ā€œwith Josh and Annaleigh?!ā€ and I said ā€œYES!ā€ and we all had a #horrormusical #Sondheim fangirl moment right there.

#grownostr

Time for the #contract term of the day, and you are getting another one because time is of the essence was a duplicate this week (oops)! Let's do "consequential damages."

The general rule in business transactions concerning breach of contract is that a party is only responsible for the damages that would normally or ordinarily flow from a breach of contract and is not responsible for damages under ā€œspecial circumstances.ā€ The damages that would normally be expected are commonly referred to as ā€œdirect damages,ā€ i.e., those damages that anyone would reasonably expect to occur for the type of contract or agreement that was entered into. As a consultant or contractor, YOU will only earn a fixed amount of profit, and the possibility of consequential damages would not only wipe out any profit that you can ever make on that project, it puts your business/personal assets on the line and *might* not be insurable.

necessary disclaimer: I'm A lawyer, but not YOUR lawyer, this is not an attorney/client relationship nor does it form one, and you should seek counsel licensed in your jurisdiction for advice on any legal issue, including contract terms. This is just for entertainment purposes!**

#grownostr #contract #contracts #legal #agorist #agorism #intentionalcommunities #law #legal

Replying to Avatar Agorist, Esq.

Time for the #contract term of the day! Let's do "time is of the essence."

ā€œTime is of the essenceā€ is a legal term of art that *removes* the element of "reasonability" from the issue of schedule, delivery, and performance schedules and can be read to require absolute compliance with no deviation. This makes your schedule more like a guarantee rather than an agreement that you'll deliver absent intervening causes, like weather, supply chain interruptions, etc.

If that term is NOT in there, it just means that the completion times / schedules are within a ā€œreasonableā€ amount of time of the date stated.

If it IS in there, and you miss a deadline, even if it isn't really your fault, you could be looking at strict liability - which means you're subject to paying penalties or damages regardless of the reason for the delay. This is not great, and it can even be outside of your insurance coverage if you are a service provider!

So don't do this. Say that the schedule is important, that you'll deliver on the timeline unless there is a delay that you didn't caused, say anything else! Just not "time is of the essence."

necessary disclaimer: I'm **A lawyer, but not YOUR lawyer, this is not an attorney/client relationship nor does it form one, and you should seek counsel licensed in your jurisdiction for advice on any legal issue, including contract terms. This is just for entertainment purposes!** #grownostr #contracts #agorism #agorist #intentionalcommunities #law #legal

Haha I did this one twice. Oops. Oh well, you got even another angle on it šŸ˜‚šŸ˜‚

Time for the #contract term of the day! Let's do "time is of the essence."

ā€œTime is of the essenceā€ is a legal term of art that *removes* the element of "reasonability" from the issue of schedule, delivery, and performance schedules and can be read to require absolute compliance with no deviation. This makes your schedule more like a guarantee rather than an agreement that you'll deliver absent intervening causes, like weather, supply chain interruptions, etc.

If that term is NOT in there, it just means that the completion times / schedules are within a ā€œreasonableā€ amount of time of the date stated.

If it IS in there, and you miss a deadline, even if it isn't really your fault, you could be looking at strict liability - which means you're subject to paying penalties or damages regardless of the reason for the delay. This is not great, and it can even be outside of your insurance coverage if you are a service provider!

So don't do this. Say that the schedule is important, that you'll deliver on the timeline unless there is a delay that you didn't caused, say anything else! Just not "time is of the essence."

necessary disclaimer: I'm **A lawyer, but not YOUR lawyer, this is not an attorney/client relationship nor does it form one, and you should seek counsel licensed in your jurisdiction for advice on any legal issue, including contract terms. This is just for entertainment purposes!** #grownostr #contracts #agorism #agorist #intentionalcommunities #law #legal

The modular #tomato cages arrived this morning. I think I like these better than the full size stakes. I don’t always need a 5’ tall cage or trellis, so this lets me spread them out however I want. These are full height because the tomatoes will need that, but not everything does. #grownostr #backyardgarden

The pumpkin is growing up a more traditional heavy duty cage, the modular one from Amazon is there in the middle holding up the other pumpkin plant.

Next #garden relevant #PrimeDay deal - fabric pots. I LOVE these for a small garden, or a garden where you haven’t decided where things will go permanently. Some of mine are on their 3rd season and are good to go for more. #grownostr #backyardgarden

I know Amazon has problems, but there are some good #PrimeDay deals to be had for your garden! I like these tomato cages because they are modular and I can set them up however I want each season. #grownostr #garden #tomatoes

Is cooking a #survivalskill ? You bet it is. Better learn to cook that stuff you are storing. #grownostr #cooking nostr:note1rj3q22wgnuzr70ev556k94rxrlv0mrtsgqy62y7hxya2zfcad70qy7zx9n

Ok I’m back! Tons and tons of travel. Just got back from a visit to #GalacticStarcruiser in Orlando, Florida. I need to write a long post about it but it was a pretty fantastic experience. I know Disney has issues, but this was interactive entertainment done right. More to come.

Happy to report the #garden survived just fine without me for 10 days, even with some hot weather, thanks to our drip system on the timer. The tomatillos look happier than the tomatoes, but that seems to be typical for my yard. Also got some great growth on the pumpkins.

We had a lot of fun but I’m glad to be back. I don’t know how you folks in FL do it, it was HOT! #grownostr #permaculture #salsagarden

I’ve caved and joined the dark side….ordered my first #3Dprinter . I’m sure I did it all wrong, but this is what I’ve ordered. https://amzn.to/3ISvC7a

Update fixed it! Here is the image I promised of the backyard wildlife. #grownostr #bunstr #backyardgarden

Just had this conversation on my company department call today. I'm advocating using it to make our lives a little easier, more efficient, and a colleague said "well it's scary so I didn't really look at it."

Seriously?!

So anyway I'm in charge of sourcing tools and writing the new policies on it now...

Replying to Avatar Agorist, Esq.

Time for Contract Term of the Day! Today I'm doing "indemnity," because it is not well understood and it can really bite your wallet in the ass. #grownostr #lawstr #contracttermoftheday #indemnity #defend

Indemnity is an obligation you can have just via common law, but it is also a contractual provision that safeguards one party from financial loss or damage caused by another party. It involves compensating the harmed party for expenses, losses, or liabilities incurred due to the responsible party's actions or omissions. You see indemnity provisions in contracts such as leases, construction or design agreements, employment agreements, and insurance policies. Enforceability may vary depending what state law applies.

Why do you care? If you enter into a contract with someone, and something you do causes them damage, it is your job to ā€œmake them whole.ā€ But it can get a little crazy – many provisions include the term ā€œdefendā€ and indemnity. What does that mean? If your client / the other person gets sued and it is related to something you did under your contract, YOU have to pay for their lawyers, and yours! What? Right, I know, scary. Scary expensive. If you have good Commercial General Liability insurance, you’re covered. If you are working under a professional liability insurance policy, you are NOT covered for this ā€œup frontā€ defense – so it would be good to have a chat with your insurance person and see when and if you are covered for this.

If you don’t have insurance, YIKES. Lawyers are expensive. Don’t agree to this, bottom line.

(Necessary disclaimer – I’m A lawyer, but not YOUR lawyer, this is not an attorney/client relationship and you should seek counsel licensed in your jurisdiction for advice on any indemnity or contract issue)

Feel free to ask questions on any #lawstr or #indemnity posts here and start a discussion! Happy to chat about hypothetical situations or get more into this if folks are interested.

Time for Contract Term of the Day! Today I'm doing "indemnity," because it is not well understood and it can really bite your wallet in the ass. #grownostr #lawstr #contracttermoftheday #indemnity #defend

Indemnity is an obligation you can have just via common law, but it is also a contractual provision that safeguards one party from financial loss or damage caused by another party. It involves compensating the harmed party for expenses, losses, or liabilities incurred due to the responsible party's actions or omissions. You see indemnity provisions in contracts such as leases, construction or design agreements, employment agreements, and insurance policies. Enforceability may vary depending what state law applies.

Why do you care? If you enter into a contract with someone, and something you do causes them damage, it is your job to ā€œmake them whole.ā€ But it can get a little crazy – many provisions include the term ā€œdefendā€ and indemnity. What does that mean? If your client / the other person gets sued and it is related to something you did under your contract, YOU have to pay for their lawyers, and yours! What? Right, I know, scary. Scary expensive. If you have good Commercial General Liability insurance, you’re covered. If you are working under a professional liability insurance policy, you are NOT covered for this ā€œup frontā€ defense – so it would be good to have a chat with your insurance person and see when and if you are covered for this.

If you don’t have insurance, YIKES. Lawyers are expensive. Don’t agree to this, bottom line.

(Necessary disclaimer – I’m A lawyer, but not YOUR lawyer, this is not an attorney/client relationship and you should seek counsel licensed in your jurisdiction for advice on any indemnity or contract issue)

You can’t #grownostr if you aren’t on here! Took a small break trying to get my new camper put together, and life. But we needed a garden update, aka ā€œmy wildlife sanctuaryā€ haha! We have a 2nd nest of birds #birdstr , and we also have a bunny nest! It’s where my pumpkins go, but I can be flexible because they are cute. So what is that, #bunstr ?

Happy spring!

Would love to upload an image but I’m getting an error uploading. I’ll tinker with it and try again.

#grownostr #theaterstr #TheLionKing #Broadway

From a freedom perspective, masks are no longer required. There were a few, but not many in the audience. Quite the LEO presence in the Broadway area tonight. Not sure if that makes things better or worse.

Back to hotel, no problem. Night night!

Different kind of adventure today - off to NY for a work trip. In Seattle, that always starts with breakfast at the #amex lounge. These #CenturionLounge locations are so good, especially the newly renovated ones.

Tried to post a pic but the system doesn’t like it!