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Brian J Ladouceur JR

Brian Ladouceur’s Answers

138 total


  • I recently had my kitchen remolded. the man that did it is suing me for un paid money.

    The man that did my kitchen didn't do the right job. we signed no paper work but he made a bigger mess in the work he did and yet he wants his money. Do I have the right,not to pay him? I payed him all that i thought he was worth,which was 19 thou...

    Brian’s Answer

    You should consult an business litigation attorney knowledgeable in home improvement contract issues, because you MAY have strong defenses to the contractor's suit that could POSSIBLY put you in a position to not owe any money and actually have damage claims against the contractor.

    In Connecticut a home improvement agreement that is not in writing can result in a court finding the agreement void and therefore not enforceable. Read my AVVO guide for more details on Connecticut's Home Improvement Contractor Act and the rights afforded to homeowners. http://www.avvo.com/legal-guides/ugc/protecting-connecticut-homeowners-from-home-improvement-pitfalls-1?ref=result_1_title

    Also, see my reply to similar questions from other AVVO users. http://www.avvo.com/legal-answers/can-i-back-out-of-a-oral-agreement-for-a-home-repa-560729.html#answer_861313 AND http://www.avvo.com/legal-answers/what-is-the-statue-of-limitations-in-small-claims--978116.html#answer_1737555

    If you contact me I'd be happy to discuss your case further to see if its something we maybe able to assist with or refer you to another attorney that might be able to assist.

    See my disclaimer's on the links above, but the above is not legal advice and you're advised to consult a lawyer for specific advice regarding your unique facts and circumstances.

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  • What are the rights of the legal heirs in the assets of a llC firm after a death of a partner?

    a general llc agreement was made, with a death claus in it

    Brian’s Answer

    • Selected as best answer

    As stated by others already the Operating Agreement (‘general llc agreement’) contains the legal contract between the LLC members on how the limited liability company’s affairs are to be conducted by and among its members. That oftentimes will include death (disability) provisions that “force” the sale / transfer of certain membership interests. Seeking the advice of an estate planning attorney with close company business experience is essential, plus having an accountant that can interpret the LLC books to determine the LLC value (as the Operating Agreement may have specific language on how to derive a “sale price” figure for the deceased member’s shares).

    ALSO, be aware that per Conn. Gen Stat. Sec 34-119 certain LLC’s that render “professional services” (i.e. law, medical, engineering, etc.) have further restrictions that only persons that are licensed in that profession can own an interest in the LLC. For example, a surviving spouse who is not a licensed member of the profession may not be capable of permanently owning their deceased spouse’s LLC share, even if the Operating Agreement / Last Will and Testament provides for it.

    Per C.G.S. §34-101(23) "Professional service" means any type of service to the public that requires that members of a profession rendering such service obtain a license or other legal authorization as a condition precedent to the rendition thereof, limited to the professional services rendered by dentists, natureopaths, chiropractors, physicians and surgeons, doctors of dentistry, physical therapists, occupational therapists, podiatrists, optometrists, nurses, nurse-midwives, veterinarians, pharmacists, architects, professional engineers, or jointly by architects and professional engineers, landscape architects, real estate brokers, insurance producers, certified public accountants and public accountants, land surveyors, psychologists, attorneys-at-law, licensed marital and family therapists, licensed professional counselors, licensed or certified alcohol and drug counselors and licensed clinical social workers.

    If you've found my answer helpful and informative then below please designate it as a “Best Answer” or mark that you “Agree”. If you contact me I’d be willing to evaluate if your request is something we can assist with or provide you a referral to another attorney that maybe able to assist.

    Disclaimer: The foregoing answer does not create an attorney-client relationship. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.

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  • Can my employer or (Human Resource) share my medical information with other employees?

    My supervisor asked me to do a task, i told her that I could not do that task and she should talk to medical about my doctor's note. She sent out an email to several people informing them that I have a medical condition preventing me from doing a ...

    Brian’s Answer

    Generally speaking, when employers disclose information to people "outside" the employer it is a clear violation of Connecticut law (unless some exclusion applies.) For example, Conn. Gen. St. Sec. 31-128f makes it unlawful for an employer to disclose "to any person or entity not employed by or affiliated with the employer" an employee's "medical records” without the written authorization of such employee. Conn. Gen. Stat. Sec. 31-128a(4) defines “Medical records” as all papers, documents and reports prepared by a physician, psychiatrist or psychologist that are in the possession of an employer and are work-related or upon which such employer relies to make any employment-related decision.

    However, when disclosures of medical records (and personnel records) are internal further inquiry needs to be made into if a reasonable legitimate business purpose exists for making such disclosure and what is that person's need for such information. Depending on the circumstances, and audience receiving the medical information, a legitimate disclosure could have occurred in order to solicit feedback on whether a certain medical condition adversely impacted work capability and if a medical leave of absence is warranted.

    If the disclosure has harmed you financially or severely impacted your ability to work and function at the employer you might want to consult with an attorney to see if you have a case, and if so what damages might exist.

    If you've found my answer helpful and informative then below please designate it as a “Best Answer” or mark that you “Agree”.

    Disclaimer: The foregoing answer does not create an attorney-client relationship. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.

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  • I joined a co. called merry maids, I signed a contract I would be paying the sum of 147.25 & charged more never told me plus tax

    I also have the email with the service proposal...saying first time 147.25---ongoing 147.25. Then I have another email showing the contract of the same amt.....for the sum of 147.25 and so on. Nothing was told or written about tax. This was going...

    Brian’s Answer

    Without specific details and reading the actual agreement its difficult to determine what rights you have or do not have to rescind (cancel) the contract. Carefully look at the contract as it should clearly communicate whether the price is $X “plus tax” or tax included.

    In Connecticut (since July 1, 2011) the state sales tax is imposed at the rate of 6.35 percent and among the Services Subject to Sales and Use Taxes are “Janitorial services” (i.e. cleaning of homes, offices and commercial property)
    http://www.ct.gov/drs/cwp/view.asp?a=1477&q=269930

    However, even though in 2011 there was talk about imposing a tax on the regular item price (not discounted / sales price) I believe that provision was never enacted into law. Therefore, it’s generally believed that the sales tax is calculated on the sales price after taking into account all price reductions at the time of sale. I.e. a $5.00 item on sale for $4.50 would have the sales tax apply to the net price of $4.50.

    If you've found my answer helpful and informative then below please designate it as a “Best Answer” or mark that you “Agree”.

    Disclaimer: The foregoing answer does not create an attorney-client relationship. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.

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  • Is it possible to sue for money promised??

    I worked for a private veterinary hospital was promised a 100,000.00 pension when i left and never recieved it...it was a promise that when she sold the practice she would give me this if I stayed on for 1 year. I did stay on after the sale and s...

    Brian’s Answer

    While one can always sue, it’s advisable to consult a litigation attorney (with employment law experience) to evaluate the strength of the claim, various theories of recovery (contract, labor, etc), which parties maybe liable (seller, buyer, etc.) and how collectible a judgment would be.

    For example, as an employee continued employment is generally not viewed as adequate consideration to enforce a promise against the employer. However, such a promise could be enforceable if the employer in writing (email or otherwise) promising to pay certain bonus for continued service during a business sale. If no writing exists an oral promise might also be enforceable, such as claiming promissory estoppel exists where a person reasonably relied on the promise, that reliance was foreseeable to the promissory, and it would be unjust not to enforce the promise. A classic example is where a home owner promises to pay you $1,000 to paint her house, so once you start painting the house that offer cannot be withdrawn, and the promise becomes binding so if you finish painting then you can claim the $1,000 owed.

    It is not uncommon for owners who are selling a business to offer additional money to key employees to stay on during and after the sale to make sure of a smooth transition (to operations, customers, suppliers, etc) to the new owners, especially if a portion of the sale price is based on future sales of the company.

    In addition, there maybe other areas of possible recovery based upon employer’s failure to pay certain compensation and/or promised employment benefits.

    As a large sum of money is at stake its advisable to consult with an attorney soon to go over specific details of your case.

    If you contact me I’d be willing to evaluate if your request is something we can assist with or provide you a referral to another attorney that maybe able to assist.

    If you've found my answer helpful and informative then below please designate it as a “Best Answer” or mark that you “Agree”.

    Disclaimer: The foregoing answer does not create an attorney-client relationship. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.

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  • Started a company and found out that the name already existed and caused issues with the state, what should I do?

    I have currently started a limousine company and have been regestered with the IRS and the State of Connecticut under the name since 2011. I have since purchsed my first car and have had it registered with the DMV, etc. I am currently working wi...

    Brian’s Answer

    Attorney Burns is right about déjà vu… See my prior answer (http://www.avvo.com/legal-answers/what-kind-of-lawyer-do-i-need--957914.html#answer_1695814) to a similar question from Stratford, CT.

    If you've found my answer helpful and informative then below please designate as a “Best Answer” or mark that you “Agree”. 


    Disclaimer: The foregoing answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully. This answer does not create an attorney-client relationship.

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  • Who can use the Cemetery. Plot..

    My parents have passed away. When they died they did not have a will. They had a 10 person cemetery plot in MA. There is still 8 plots left. My sister holds the deed and since my parents have died my siblings do not get along, the family ha...

    Brian’s Answer

    Even when siblings are at odds, it might help to try talking with a sibling about their intentions regarding the cemetery plot. Generally, a cemetery plot does not give the plot holder “ownership” of the real estate (the soil itself) but rather it’s a contractual right (with the cemetery association) guided by contract law principals. Reviewing the underlying agreement may provide answers to what persons have rights to be buried at the plot. Agreements vary so it may give the current owner sole rights to determine who is entitled to burial, although there could be contract provisions that provide close relatives certain priority rights over other persons.

    Another possibility is to check the Probate Court records for each of your parents’ estates. Where a parent dies without a will (and has no surviving spouse) then property in his/her sole name generally will pass to his/her children. See Conn. Gen Stat. Sec. 45a-438 (http://www.cga.ct.gov/2011/pub/chap802b.htm#Sec45a-438.htm). In those estates the executor/administrator will have submitted an inventory (and final account) that will list all the decedent’s property and who it was distributed to. That inventory / final account should list the cemetery plot amongst other property of the deceased.

    If you've found my answer helpful and informative then below please designate as a “Best Answer” or mark that you “Agree”. 


    Disclaimer: The foregoing answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully. This answer does not create an attorney-client relationship.

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  • What is the statue of limitations in small claims court, connecticut for a home improvement contract?

    consumer paid 50% deposit, remaining due at completetion, she never responded to any demands for payment

    Brian’s Answer

    In Connecticut the statute of limitations (deadline to file suit) is based upon the claims being made, not the court the case is being heard in. Determining what deadline exists should only be done after consulting with an attorney because specific case facts can alter what claims may or not apply, and the time to bring such claims.

    In general, an action on any contract in writing “shall be brought but within six years after the right of action accrues” pursuant to Conn. Gen Stat Sec. 52-576. As the question says the contract involves home improvement the presumption is that it was in writing.

    This is important because (in most circumstances) the contract must strictly comply with the Connecticut Home Improvement Act, Conn. Gen. St. § 20-418, et. seq., that regulates home improvement businesses and persons who offer, undertake, or perform any home improvement. A good overview (from a consumer perspective) of their rights under the Act can be found in my Article (Staff Pick) at http://www.avvo.com/legal-guides/ugc/protecting-connecticut-homeowners-from-home-improvement-pitfalls-1

    In cases where the agreement does not comply with the Home Improvement Act the contract can be void, thereby negating the contractor’s right to compensation, and can provide the homeowner numerous defenses and independent causes of action against the contractor. Therefore, it’s advisable to consult a business law attorney prior to starting a lawsuit that has the potential to turn on the contractor if its agreement is not compliant.

    For more information on the Small Claims process visit the Court website http://www.jud.ct.gov/Publications/CV045.pdf and their guidebook (http://www.jud.ct.gov/Publications/CV045.pdf)

    Good luck.

    If you've found my answer helpful and informative then below please designate as a “Best Answer” or mark that you “Agree”.

    Disclaimer: The foregoing answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully. This answer does not create an attorney-client relationship.

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  • Altering artwork is forgery or fraud?

    I am an artist and I sold a bronze sculpture of mine.. The client changed the color of the patina ( not restoring original color) and changed the original base.! Both without my permission.I do not have the sculpture copyright registered .. I hav...

    Brian’s Answer

    Altering a work of fine art can be a prohibited thereby entitling the artist to injunctive relief, damages, and other remedies under Connecticut law. Having a litigation attorney (with experience in intellectual property) file a civil lawsuit is one option.

    While common law copyright rights, contract violations, and other legal remedies may exist, Connecticut also has a law (Conn. Gen. Stat. §42-116s) titled “An Act Concerning Art Preservation and Artists' Rights” that provides additional legal remedies for altering a work of fine art. Under the Act a “work of fine art” would include a drawing; painting; sculpture; mosaic; photograph; craft work (i.e. clay, textile, metal, plastic, etc) and other defined works that were produced after October 1, 1988. In addition, to qualify the work cannot have been a commissioned work and must have a market value of at least $2,500.

    If the art qualifies under the Act as a “work of fine art” then it may not be intentionally physically defaced or altered by anyone who is not the artist, because the artist retains at all times the right to claim authorship. The artist may commence an action to recover or obtain injunctive relief (i.e. stopping a defacing before it occurs), actual damages, reasonable attorney's and expert witness fees, and any other relief which the court deems proper.

    If you still want to pursue your client, and you have some actual damages that you believe can be proven, then it’s advisable to contact an attorney to review your specific case facts to evaluate the strength of any claims that may exist.

    If you contact me I’d be willing to evaluate if your request is something we can assist with or provide you a referral to another attorney that maybe able to assist.

    If you've found my answer helpful and informative please below designate as a “Best Answer” or mark that you “Agree”.

    Disclaimer: The foregoing answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully. This answer does not create an attorney-client relationship.

    See question