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Wednesday, January 13, 2021

Specific Performance, and the Legal Reply to Charles and Danielle Nerko

 'Specific Performance' is a legal term, and means, more or less, that what is expected and outlined in a contract can be generally defined, evaluated, and judged by a reasonable person.  Many contracts contain this clause, and it is meant to to be binding and enforceable.  If you agree to buy a house, if you don't, you can be held to specific performance, and the penalties therein, typically, a loss of deposit (in real estate) and a court can for you to complete the specific transaction because monetary compensation can't be calculated.

In the contracts of Catskill Farms, 'specific performance' is not only a legal concept, it's our holy mantra.  We deliver what we promise, really, with not much of a contract (ours are 20 pages, AIA can run into the hundreds).  Our entire successful run of 20 years is because of specific performance, of living up to our word, to giving the ol' college try and more.  Perfect, of course not.  Get better with every house even after 250, definitely.  Always run into some grey areas with our clients that we have to navigate, massage, and negotiate - without a doubt.

In regards to the Nerko case. we've specifically performed.  The building inspector said so, the board of health said so, the home inspector said so, and even the client did by not forwarding any punch list additions to our comprehensive efforts.  Our employees and subcontractors said so.  Their bank said so.  Our architect said so.  Our warranty says so.  Our social media said so - one of our most liked posts, all the glory of the fabulous design being stolen away by this nonsense.

The Nerko's attempting to extort, intimidate, and bully us in order to not pay some minor change order, bringing out the frivolous arguments of 'specific performance' and 'deceptive business practices' is just not something I'm going to accomodate, regardless of the cost, and I'm afraid the cost in monetary, personal and professional terms is higher on their end than mine.

Let's talk about this idea of deceptive business practices, that because you have a small problem, you can accuse a business which has been around for 20 years and employs 14 people and injects $1m of economic stimulus into upstate towns months after month and month after year after year.  Because you can't get your way you bring a bazooka (unloaded) to a negotiation.  Because your muffin doesn't have the number of blueberries you thought it would, well, that's deceptive.  The world of commerce would cease if the everyday client disatisfaction would all of sudden be 'deceptive' on the part of the business, and damages owed, actual and punitive.  Yes, there are plenty of examples such a term may apply - nothing here even comes close.

Our reply - Stay tuned for more.

I've noticed the documents in this and prior are hard to read and can't be easily enlarged.  I'll post to google docs and share the links.

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