View Full Version : Court date on Wed vs band leader who sent replacement band
Yea, the guy sued us after we didn't pay whatever band showed up at our son's affair.
He called us up at 8:00PM the Friday night before our sons bar mitzvah which was the next morning. Sat 9:00AM, and told us he wasn't sending the full orchestra as I had contracted with," due to the size of the room", etc...
And that whenever he didn't send out the full orchestra HE doesn't come with either...
Needless to say, the strife, anxiety, & distress that Donna & I had that night & all during the service wondering IF a band was even going to show up at our 200 guest formal affair...
I will be going to court in handcuffs... Because if I see him, I'm going to kill him for what he put my wife through... We're talking major pain & suffering.
He will NEVER get my money, only a good old fashioned sucker punch...or two or three or TEN!
Glennm27
03-08-04, 07:55 PM
:D ;gab ;ht Go get em bro. Call me when you need back up! Don't pay him. He broke his contract, you didn't.
Yep, you're right!....
My contract specifically says the "XXX" band WILL PERFORM..etc...
The only clause is :
"Due to an unforseeable circumstance XXX has the right to alter the entertainment, players etc..."
Well, this guy called me up on Fri night & told me he was away on business and was sending another band in ADDITION to the other BS about the size of the room etc...
He KNEW he wasn't coming to my affair for a long time.
He had the right to inform us, so WE could deceid IF we still wanted to use his replacement band or another band or DJ firm of OUR choosing.
The replacement band guy told me he KNEW he was playing at our affair "for weeks"....
To me that is not an UNforseeable circumstance.
Not calling us until the last minute was a premeditated , planned, calculated, thoughtout decision, to leave me & Donna with NO recourse at all.
This guy is a snake... And on Wed.... I'm a Mongoose!
I'm gonna eat him alive
Bill Burkholder
03-08-04, 08:38 PM
Good luck EL. I know how upset you were. You should be OK, but don't loose it at the hearing .... just keep thinking about those Eagles girls... ;gg ;gg ;ly ;ly ;ls ;ls
VetBoyZR1
03-08-04, 10:23 PM
Was the replacement band any good? What I mean is, were they 80% of what you expected, or 20%? I can't help but think you'll have to pay something for the service you got, just not full price. I've been watching Judge Judy for a long time!
We do not feel we got what we contracted for, which was a 15 piece orchestra. We got a 5 piece band.
With NO reduction on the price...
We're only going to pay for what we contracted out.
We got a lesser band, who we never ever heard before, with no prior notice.
This guy had the opportunity to inform us weeks prior to the affair that he wasn't sending the orchestra we hired.
All the other vendors, photography, decorator, video, flowers etc...showed up & got paid.
Win, lose or draw, appeal or no appeal..
This snake is not getting any more of my money.
He has the $1500 deposit. That can cover who he sent.
Glennm27
03-09-04, 09:42 AM
The fact that the replacement band members knew they were doing the gig weeks before but Ellis & Donna found out the night before is beyong be sneaky. They guy's a slime ball for pulling that one. He purposely left them with no other option but to take what they get and then to even hope they got something at all.
I've played in bands myself for years and would have NEVER pulled that one.
Been in situations where we always made good.
This guys was way wrong.
El if you could get the guy from the replacement band to admit in court that he knew weeks before you did, that would be the back breaker for Mr Orchestra leader.
C5pilot
03-09-04, 10:07 AM
It would be nice if you could get a signed document from one of the band members who showed up, that he knew he had the gig weeks in advance. That alone would negate that part of the contract. Unfortunately, that's asking him to bite the hand that feeds him, so he'd never willingly do it. And unless he was sent a subpoena, he's not going to appear in court.
Don't let him use the "size of the room" BS. He is a professional and it's his job to know what can and can't be done beforehand. In other words, how many opportunities did he have to go check out the room.
Judges don't normally let people get something for nothing when someone makes a mistake. He'd have to really dislike the guy or have had a problem with him in the past to say it's free. Be prepared with a counter offer and the reason you think it's fair. Perhaps 33% since you got 5 pieces instead of 15, minus a little for the unprofessionalism and mistreatment.
And most importantly... Ellis... DO NOT LOSE YOUR COOL.
Good Luck El.
Joel Fellman
03-09-04, 12:33 PM
El lose his cool????? Yeh, right!
There's no way the back up band got a call the night before! So they had to know in advance! This is an unfair business practice to say the least! I think your $1500. deposit should be refunded or a counter suit be filed for pain & suffering. You have a major good case! Go get 'em bro & be sure to let us all know who the A hole is when the time is right!!
Joel
I'll tell you right now, the name is "The Marc Harris Orchestra".
He skipped out on his office rent in the Benjamin Fox Pavillion this summer, to the tune of $12,000.00
My friend is the manager of the Galman group who manages the Pavillion, and they have a judgement against his corp, Marc Harris Productions, which is now defunct...
The sad thing (beyond what happened to me & Donna), is here was a well known, respected & long standing band leader with a great orchestra, who within the last 2 yrs has been doing this!
Friends of ours even had him at their wedding 15 yrs ago!!!
We saw him numerous times about 3 yrs ago before we booked him, and there was never a problem..
Everyone raved about them!
Something must have happened in his life within the past 2 yrs for him to be doing this, after all the time in the business..
He has completely ruined his reputation, and ALL the decorators, photography places, caterers, synagogs & ballrooms know about him.
Apparently, we were not the first ones he did this too....
As we are finding out & have spoken to a few other couples where he did the exact same thing..
Mike Campbell
03-09-04, 03:54 PM
All I can say is I'm glad I'm not planning any "Bar-mitzvah's" anytime soon.... ;yn All I can say El is if you need any support I'm here dude. ;bt Believe me I know what it's like to get , shall we say, "used". ;yn;yn Been there, done that! Go for the SOB's jugular!!!;gab;gab
PS I'm going back to court again...been there more than Martha Stewart.. :mad: :mad:
Mike...
Sorry to hear you're still not out of the woods...
The way I see it, I have the upper hand.
HE is the one who wants MY money.
If he wanted it so badly, all he had to do was show up, like all the other contracted vendors did...
Rick and Arleen Ball
03-09-04, 06:08 PM
GOOD LUCK Ellis!
This guy sounds like a real shyster.
Maybe you could contact the head of the 5 piece band that showed up, find out what they get for the night and pay only that amount if you have to.
Rick..
I'm not paying for something I didn't want.
I contracted out to have a formal orchestra, like the kind who would play at the Mayor's Ball, or behind the curtain at an Atlantic City show, not a 4-5 piece band with 2 singers..
I upheld my end. He didn't. He sent them to cover his own rear.
If the group that showed was 50% of the orchestra, I'm not paying 50%.
My contract was for the MARC HARRIS ORCHESTRA to perform.
NOT an alternate, not an understudy, not another band.
Its not like the orchestra got food poisining at an affair the night before, which would fall under an "unforseeable event"...
No Marc Harris Orchestra at my affair, NO money out of my pocket.
Like I said, all he had to do was show up like the other vendors all did, and there would be no issues.
Ed Bonk
03-09-04, 07:43 PM
Ellis - Keep a firm stand and not pay. What goes around comes around. He is getting what he deserves.
Rick and Arleen Ball
03-10-04, 05:28 AM
Your right Ellis!
Stand your ground, just keep your cool.
GOOD LUCK in court
Glennm27
03-10-04, 07:40 AM
Good Luck today El
JC,03,Z06
03-10-04, 08:48 AM
Good luck El, hold your ground.
John
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