Second Error by our Town Attorney – the Agreement with Jones is not legally enforceable because it is not a contract

Meagan LoganAs you are now aware, I placed on the blog a sample of a contract whereby Countyline Design, Tommie Jerome Jones Principal should have such a contract with the Town stipulating that he is an independent contractor.  But I did a bit more research as Joe is doing and he will provide at a later date regarding his request for documents which our Town Attorney gave Tommie Jerome Jones to deny the documents to Joe.  But as it is, Joe read the statute and there is more that a contractor must do if the contractor is actually an independent contractor.  Did the attorney actually believe Joe would not read the statute.

But let’s go a bit further.  Tommie Jones is operating as a Town Manager for the Town of White springs under a MEMORANDUM OF AGREEMENT which is not legally enforceable.   A memorandum of Agreement is NOT A CONTRACT.  Therefore the statute Joe has looked into and my previous statement that a contract needs to be done indicating he is an independent contractor and what he does is REQUIRED.   This is the Town Attorney’s Mistake Number Two and that would not be good if a complaint was made on the bar.

In fact, if public records are denied because of a statute which the Attorney is purporting, guess what, the records of which Tommie Jones has so drafted and worked with including reports place the Town in Jeopardy since the Town is subject to public records laws.

These are the legal definitions regarding Agreement versus Contract:  What was our attorney thinking.

Is a “agreement” the same thing as a “contract”?

The words contract and agreement are often used to mean the same thing, yet there are unmistakable differences between the two.  A contract is a written or verbal agreement between two or more parties that is enforceable by law.  An agreement is a written or verbal contract between two or more parties that is not enforceable by law.  The proper way to make an official contract is through legal means, whereas an agreement can be done without legal involvement

Is a memorandum of understanding the same as a contract?

The key difference between MOU and contract is that MOU is an agreement between two or more parties that is not legally binding whereas a contract is a legally binding agreement between two or more parties that creates an obligation to do (or not do) a particular task.

Leave a Reply