Mostly, I wanted to know if they're in the wrong. It would be a significant point forming my opinion of them.
That's not to say that I have any interest in suing, though that might be a valid bargaining point (to know that we could)... On Oct 25, 2012, at 5:37 PM, Justin Lacko <[email protected]> wrote: > Don't encourage the lawyer option... > > On 25 October 2012 17:01, Mark Jenkins <[email protected]> wrote: >> On 10/25/12 15:10, Roswyne wrote: >>> >>> I would personally like to get a lawyer's opinion. However, I don't >>> have copies of the leases, which I would need to get from the board. >> >> >> Could you also ask how much the lawyer thinks we would get in damages to >> compensate us for our losses + punative damanges and what the lawyers would >> want to take from that? (at least 33%?) >> >> You'll be posing three hypotheticals: >> * If action is taken against us (such as doors locked prematurely) are we >> in a position to sue? >> * What's our chances of winning? >> * What kind of cival damanges (compensation for losses and punative) would >> be typical to recieve after a ruling in our favour? >> >> Sui, when you get your hands on the text, I would recommend reading closely >> any clauses that set out and limit what uses we could make use of the space >> for -- as that's likely to be the primary line of counter attack that they'd >> use, they'd claim we violated the lease by using the space in ways the lease >> said we were not supposed to. >> >> And so with that we're going to have to think back about how we used the >> space and also how *Assent Works* used the space to be sure there weren't >> use-related breaches -- there isn't a leg to stand on if either of us broke >> what it said regarding use. >> >> Any lawyer is going to ask questions about that in a consult. >> >> Specifically, if Assent Works as our co-tennant did something that breached >> the lease then we wouldn't be able to stop the landlord from saying the >> lease is breached for that reason -- we would only be able to go after >> Assent Works for breaking the partnership formed with us by signing as >> co-tennants with us, and we'd have to be able to show they did those things >> without our support or consent. >> >> Any scenario involving going after Assent Works for their role in this is a >> nuclear option that I don't even think you'll want to consider. >> >> A lawyer may also be interested in about other ways in which we may have >> breached the lease, so look at the text and try to imagine if particular >> terms were violated. >> >> If in reading the lease you find something that you think we may have >> breeched, report it directly to the board. >> ------------- >> >> One of the most sad things about the large back pile of utility bills being >> thrown at Assent Works and Skullspace is that they're only subtracting the >> Cr8tory amounts and $1000 annual common area credit -- there's no >> subtraction for the electricity use they thought we were going to use for >> our purposes. Surely they didn't imagine zero -- even storage places have to >> have the (ineffecient) lights on sometimes. >> >> Ditto for the new lease proposed, there's no subtraction for what they >> thought before we were going to use for our own purposes, so the net effect >> even in *their* own terms now is a rent increase. >> >> >> _______________________________________________ >> SkullSpace Discuss Mailing List >> Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss >> Archive: https://groups.google.com/group/skullspace-discuss-archive/ > _______________________________________________ > SkullSpace Discuss Mailing List > Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss > Archive: https://groups.google.com/group/skullspace-discuss-archive/ _______________________________________________ SkullSpace Discuss Mailing List Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss Archive: https://groups.google.com/group/skullspace-discuss-archive/
