Chapter 14 - The overbilling report
Daniel Cho’s final report was brutal.
Total Cross Atelier billed:
$1,342,600.
Verified actual third-party construction/material cost:
$684,900.
Reasonable design/management fee under contract:
$198,000–$236,000 depending disputed change orders.
Luxury furnishings personally ordered by me:
$102,400.
Lake Briar/non-Greyhaven costs wrongly allocated:
$67,800.
Duplicate/unsupported charges:
$96,300.
Internal Cross markups above disclosed contract rates:
$74,500.
Then payments already made:
Meridian:
$420,000.
Me:
$260,000.
Direct subcontractor payments after dispute:
$157,000.
Total paid/credited:
$837,000.
Reasonable remaining range:
Approximately $148,000–$214,000 depending disputed design fees and certain materials.
Not $912,400.
Then Appendix H claim:
Potential $1.6 million.
Eleanor argued unenforceable penalty and impossible equity premise.
Cross argued:
Sophisticated-party liquidated-damages mechanism.
Would court enforce?
Unclear.
Then metadata.
Appendix H had been inserted after my lawyer’s reviewed draft.
Did that invalidate because I still signed final?
Not automatically.
Electronic envelope showed I had opportunity to open.
But Wilhelmina’s email to Cross counsel hurt:
Keep H in exhibits. Don’t call attention. He’ll sign from mobile.
There.
Deception.
My lawyer:
We cannot prove he never opened it.
No need.
Contract formation can still be challenged based on fraudulent inducement or failure of assent where material term hidden.
But courts do not rescue sophisticated people from every unread contract.
I had responsibility too.
I signed too fast.
That became part of settlement leverage.
Then one email from me:
Fine, whatever Cross needs to keep project moving.
Wilhelmina’s lawyer loved that.
Context:
I meant invoices.
Could be broader.
Again.
May you like
Real disputes.
No magical judge instantly awarding me everything.
