Public Mediation

Michael Washburn Dispute

J. N. vs. Michael Washburn
PO Box 7662, Madison, WI 53707, 4717 Madrake Road, Madison, Wisconsin, 53704-1733, United States
Amount Involved: $7,150.00
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
       (seeking public comment)
    • Claimant Seeks: View.
    • Claim #: 1870512
    • Amount Involved: 7,150.00
    • Filed On: Nov 19, 2013
    • Posted On: Nov 30, 2013
    • Complaint(s):
      • Commercial / Other dispute
      • Failed to fulfill contractual obligation.
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Statement of Claim
Complaints Involved (2) - View
Claimant says:
"Michael Washburn (the "contractor") was hired and contracted to provide hand-drawn illustrating services at a national trade show in Chicago, IL on September 8-11, 2013, from 10am-5pm. The contractor's services were part of the primary presentation media for a Fortune 500 company. The contractor left the trade show on the morning of September 8, 2013, failing to fulfill his contracted obligations. As a result, the client sponsoring the trade show was left high and dry without the key component and had to scramble to locate another illustrator for a trade show, costing them valuable marketing time and $14,305.00 in additional fees to contract with another illustrator, last minute. The client has filed suit against our firm and is seeking damages for $14,305.00. Our firm is requesting from the contractor, 50% of the damages or $7,150.00.

The contractor will claim that because he didn't receive payment to cover his expenses, that he decided to "cut his losses" and leave the assignment. The contractor requested his expense payment, via text, on a Sunday, while I was out of cell range (in the Colorado mountains). I responded to his text conveying that we would forward the expense payment upon our return to our offices on Monday. The contractor made the assumption that because we didn't reply on Sunday, that we weren't going to forward payment. I sent him a text on that Sunday, indicating, "I'll send you the money as soon as I get back in the office". The message arrived too late and he had already left the trade show. I called him and told him I was back in the office and would forward the balance due immediately, but he would not take our call and, in fact, had already left the assignment.

My problem with this party is:
1. The contractor's failure to fulfill a contract he executed with our firm.
2. The contractor's actions prompted the client to hire another illustrator and file a suit against our firm for $14,305.00.
3. It is my belief that the contractor is partially responsible and should cover a portion of the damages due the client.

I am a "one-man" consulting company and $14,305.00 will result in financial hardship for me personally. I have placed a request to this subcontractor, but he has ignored my attempts to resolve this matter amicably.

Sincerely,

John Naples"
...
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What Claimant Wants Hide
1. Damages: Breach of contract Dec 04, 2013 $7,150.00
2. Other – Copy claim to regulators Dec 04, 2013 $14.99
3. Other – Pay for claim posting cost Dec 04, 2013 $7.99
4. Other – Physical delivery charges Dec 04, 2013 $25.98
Cash total : $7,198.96
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Respondent's Counteroffer

There has been no response to this claim from Michael Washburn. This claim will remain posted until resolved
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