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MEMORANDUM

ISSUE

Can a contractor, suing in his individual capacity bring suit against a county employee in his individual capacity for breach of contract when the contract concerns improvements on a county building.

FACTS

John Smith (Smith), the defendant is the energy manager of the Building Department.In early 2005, Smith received noticed that the staff was having difficulty seeing the security monitors because the angle of sunlight hitting the windows. In March 2005, Smith contacted Acme Solutions, Inc. to discuss the installation of a glare reducing film on the windows.

Smith requested the lowest cost solution, which was installation of an exterior film with a DOW 795 sealant for $2,180.

Smith was unsatisfied with the antiglare films installation and requested that Acme perform some modifications, which Acme agreed to do after Smith had paid for the original work. Acme returned and performed the modifications requested. Smith was unsatisfied with the result and told Acme that he would not pay for any of the changes.

Acme now brings this action for the price of the modifications performed in the amount of $1,500.

SECOND DOCUMENT

ARGUMENT

DETRIMENTAL RELIANCE

"A plea agreement is only an "offer" until the defendant enters a court-approved guilty plea". Reed v. Becka. Absent an actual plea of guilt, however, a defendant may enforce an oral plea agreement if the defendant can show a reliance on the promise made by the prosecutor.The prosecutor may withdraw from a plea arrangement at any time prior to but not after defendants' other action constituting detrimentalreliance on the plea arrangement. State v. Adams. Detrimentalreliance may be demonstrated where the defendant performed some part of the bargain."A defendant relies upon a solicitor's plea offer by taking some substantial step....". Reed v. Barnes.

"Plea bargains rest on contractual principles, and each party should receive the benefit of it's' bargain. Yet, the analysis of the plea agreement must be conducted at a more stringent level than in a commercial contract because the rights involved are generally fundamental, substantial and constitutionally based."

U.S. v. Connor.

"Whenever a United States Attorney negotiates and enters a plea agreement, it is the Government that "agrees" to whatever is agreed to." United States v. Dunn. "Where language used in an instrument is perfectly plain, and capable of legal construction; such language determines the force and effect of the instrument."Indiana v. Jones. "Language which is perfectly clear determines the full force and effect of the document.".Nevada v. Smith.