c-

Was the agreement written on a piece of paper or solely by handshake?
A verbal agreement is a contract, but it can be difficult to defend in 
court. Always a need for a paper trail. Paper rules.
One thing w/ paper is that in making it you have an opportunity to 
explore mutual expectations as to outcome of the transaction.
That said, the FLBW is solely responsible for the cost overun and should 
give the DO the dinghy back for the agreed $300.00. End of story.
DO generous to want to give FLBW $100.00 extra.
I no longer consider anyone asking such a high mark-up on their 
stupidity as being friendly.
I assume FLBW is asking for cash.

If DO not get back dinghy w/out hassle then DO needs to consider Small 
Claims Court, Better Business Bureau, and other means of legal and 
social pressure. This can be a hassle not worth the trouble and is 
likely what FLBW is depending on... that DO w/ deep pockets will cave 
w/out a whimper.

Or leave FLBW the dinghy he has expended so much love on, and DO spend 
$400 for another dinghy. This would leave FLBW w/ no return on his time 
& a dinghy he may not need. Number One Power rule in any negotiation is 
to try to be in the position where you have nothing to lose, then go for 
the win-win. FLBW can have something, what was agreed to, or nothing. If 
they start to cry then kick them where it hurts. (I have been reading up 
on Nonviolent Communication...)

Another strategy, since assume at present time DO does not need to 
reposses dinghy to not do anything, including to not return FLBW's phone 
calls and let FLBW spend time wondering if they will get paid -- though 
risk FLBW may get a notion due to lack of dogfood to expend more time on 
dinghy. DO can send FLBW friendly histo presto postcards advising FLBW 
that they are still considering the situation but that since it was 
agreed on $300 it puts DO in a tough spot (do not elaborate)... thus 
establishing between now and time that DO actually needs to reposses 
dinghy a paper trail... if FLBW does not respond to written 
correspondence for a reasonable period of time then it becomes paper 
evidence in support of DO's claims of breach of the verbal contract. 
Keep copies. This is the 'string them out' strategy accompanied by the 
'don't be too clear what your intentions are so that they eat themselves 
up feeling anxious.'

I recently subcontracted a shutter mock-up for $500 and got a bill for 
$700. I paid the larger amount, out of pocket (I did not go back to my 
client and tell them it cost me more), no protest, but determined in 
future not to do business w/ the guy no matter how nice of a job they 
had done. Likewise, no matter how much it hurts I never ask for more 
money on a project for what I think needs to be done... but I will ask 
for change orders if it is obvious that someone else missed something... 
but again I TRY to never take action unless there is a piece of paper or 
a very well established working relationship. What I tell anyone that I 
work with as a subcontractor or supplier is that I want a price, I want 
a firm price, and if they get hurt in the deal then I will look out for 
an opportunity in the future to make it up. Many folks I work with are 
not exactly laid back as much as not too together when it comes to 
business... and they all tend to 'do it right' and are not too conscious 
up front what it will mean for them in the terms of their time expended.

][<

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