Minimum posts required each week 4 After reading Chapter 27

Minimum posts required each week -4 After reading Chapter 27, provide your opinion of the case below by answering the following questions: 1. Who is the plaintiff and who is the defendant? 2. What is the plaintiff arguing? 3. What is the defendant arguing? 4 What is your opinion on this case? Who should win in court and why? Any other thoughts? Incorporate at least one textbook principle (with page number) in your dialogue Case Problem: Lincoln Apartment Management Limited Partnership (Lincoln) was the property manager of Woodchase Village Apartments (Woodchase) for its owner, Terrell Mill Associates, LLC (Mill). Lincoln hired Grand Master Contracting, LLC (Grand) to renovate and repair Woodchase. Before Grand did any work, Lincoln had it sign an agreement that stated it \"understands and agrees that the legal owner of the community is responsible for the payments of any services.. performed...and not Lincoln, which is the property management company and Agent for the Owner.\" This agreement did not state that Mill owned Woodchase, but it required Grand to add the owner as an insured on all insurance policies. The liability insurance certificate issued to Grand included Mill as an insured When Grand was not paid for all its work, it sued Lincoln, alleging that it had not made a valid disclosure of its principal. Should Lincoln be liable? 4 Cours

Solution

Ans 1) The plaintiff is Grand Master Contracting, LLC and the defendant is Lincoln Apartment Management Limited Partnership.

Ans 2) The plantiff (Grand Master Contracting, LLC) arguing is that the defendant (Lincoln Apartment Management Limited Partnership) had not made a valid disclosure of its principal at the time of executing a contract with him.

Ans 3) The defendant (Lincoln Apartment Management Limited Partnership) arguing is that it has sign the agreement which contains the statement that the legal owner is liable for the payment of any services and not Lincoln which is the property management company and agent for the owner (even though the agreement didn\'t stated that the Terrell Mill Associates, LLC is the owner of Woodchase Village Apartments).

Ans 4) It is my opinion that the plantiff (Grand Master Contracting, LLC) should file case against the owner (Terrell Mill Associates, LLC) of the Woodchase Village Apartments instead of sueing property manager (Lincoln Apartment Management Limited Partnership) for the unpaid work.

The defendant (Lincoln Apartment Management Limited Partnership) should win the case because he has given the diclosure in the agreement that he is not the owner of the above asset Woodchase Village Apartments and is only a property management company and agent for the legal owner of the above said asset. It is the liabililty of the plantiff (Grand Master Contracting, LLC) to find out the identity of owner and also enter the name of onwer in the agreement and execute agreement with him by taking the signature of owner in the agreement.