Thomas Richelo’s Answers

Thomas Richelo

Atlanta Construction / Development Lawyer.

Contributor Level 14
  1. What is the highest form of law?

    Answered about 1 year ago.

    1. Christian K. Lassen II
    2. Robert Lewis Schenk II
    3. Malosack Berjis
    4. David Herman Hirsch
    5. John Arthur Daniels
    6. ···
    9 lawyer answers

    If I can be forgiven for responding with a question, why on earth did you ask this question? Look at all of the legal minds you have challenged to come up with the most clever answer! Aside from witty retorts, there is no single "correct" answer because all such answers would depend on one's belief system. So, I want to know: What do YOU think is the highest form of law?

    3 lawyers agreed with this answer

  2. I am not getting paid by a subcontractor for work I have done. Is a lien an option?

    Answered about 1 year ago.

    1. Michael L. Chapman
    2. Scott G Wolfe JR
    3. Thomas Richelo
    3 lawyer answers

    Scott is correct that lien rights are designed to protect claimants in your general situation. Mike is correct in pointing out that Georgia law creates ways to limit what I call the "lien eligibility" list, and you may not be on it. Basically, general contractors and the subs and suppliers who contract directly with them have lien rights. Whether parties further down the chain have such rights depends on whether these procedures Mike refers to were followed. As someone who worked for a sub,...

    3 lawyers agreed with this answer

  3. I had a car accident due to flooding on the road because of construction (road did not drain). Is there legal recourse?

    Answered about 1 year ago.

    1. Fareesh S. Sarangi
    2. Glen Edward Ashman
    3. Thomas Richelo
    4. Jeffrey Ira Schwimmer
    5. Albert Lee Crosner
    6. ···
    6 lawyer answers

    I agree that a suit vs. the government would be tough. You may have recourse against the contractor, however, if the contractor, through negligence, left road conditions such that the road wasn't properly draining and if there were steps that contractor could have taken that would cause it to drain properly. If you start with contacting your insurer, they may or may not be interested in the issue of third-party liability. If you were injured, I can direct you to a number of personal...

    3 lawyers agreed with this answer

  4. What can i do to force mediation to speed up this court process?

    Answered about 1 year ago.

    1. Jacquelyn F. Luther
    2. Glen Edward Ashman
    3. Thomas Richelo
    3 lawyer answers

    I agree that you should get an attorney if you don't have one. While many couples divorce without lawyers, that results in them dividing a marital estate without legal expertise and it may only work where everything is cooperative and agreeable. Your comment about your ex and the need to speed up the process tells me that this is not one of those very easy, totally cooperative divorce actions.

    3 lawyers agreed with this answer

  5. Is it legal for a plumber, that I did not hire, to file a mechanic's lien against my property?

    Answered over 1 year ago.

    1. Kevin M. Veler
    2. Scott Benjamin Riddle
    3. Thomas Richelo
    4. David Jason Merbaum
    5. Kermit M Milburn
    5 lawyer answers

    Others have correctly stated that the plumber who did the work can file a lien. The question is, what do you do next? As one answer notes, you can file a notice of contest of lien that forces the worker plumber to sue your regular plumber within 60 days. That may force payment to the claimant. Other answers have noted there may be mistakes that would void the lien, but those require your proving defects in the lien filing or notice process, and take up your time. The first question for you...

    2 lawyers agreed with this answer

    2 people marked this answer as helpful

  6. My husband and I made a custody agreement in court mandated mediation. I am primary custodian and he has visitation every week.

    Answered about 1 year ago.

    1. Anthony J Van Zwaren
    2. Thomas Richelo
    3. Yolanda Navarrete
    3 lawyer answers

    You have several things going for you. First, there was a mediation where attorneys for both sides participated. That means everyone agreed, and everyone had advice of counsel. So, he is going to have to show something compelling to get it changed. Local law may set time limits before it can be changed or require his showing some change of circumstances. Your husband can't really 'threaten to change' the deal; he can only threaten to try to change it. The answer to one of your...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. General Contractor Suing Owner of Restaurant For Breach of Contract

    Answered about 1 year ago.

    1. Nicholas Basil Spirtos
    2. Michael Charles Doland
    3. Thomas Richelo
    3 lawyer answers

    You need a California attorney to answer this question, but here's a general point about business names: In many states, there is some flexibility to how a business is named in a contract and within limits it can be considered sufficient. This is so, in part, because so many businesses do not use their own full, legal name at all times when doing business. Your California attorney should ask you the question: Who prepared the signature blocks on the contract form? If it was the LLC that...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. In Georgia, I have a JUDGMENT LIEN against a motor vehicle. Can I go get it ?

    Answered 3 months ago.

    1. Thomas Richelo
    2. Scott Benjamin Riddle
    3. Kris K. Skaar
    3 lawyer answers

    You have to at least try to go through the sheriff for this. In different counties the sheriffs may be more or less helpful than in others. But if you've done the DMV legwork and found a car that is free of other liens (or no liens with priority over you) then a levy (seizure and sale) is possible. Just a general note: I don't know the amount of your judgment but one question would be whether you feel the net value of the car will cover it. "Net" means there will be fees associated...

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  9. Why am I not getting my settlement check after more than 1 month since settlement agreement?

    Answered 5 months ago.

    1. Thomas Richelo
    2. Michael John O'Hagan
    3. Zachariah Benjamin Parry
    3 lawyer answers

    While that much delay is frustrating, it is also fairly common. HOWEVER: time is money, so whenever I settle a case one of the terms that MUST be agreed upon is WHEN THE CHECK WILL BE DUE. A careful lawyer should not consider it a deal if timing of payment is not specified, although many of them do. Your lawyer, likely, has a contingent fee arrangement, so no financial incentive to spend more time trying to get the check to come in. He is surely as frustrated as you at how long it has...

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  10. What are my options if an apartment complex forces you to utilize an ISP that doesn't work

    Answered 5 months ago.

    1. Thomas Richelo
    2. Wallace James Williams
    2 lawyer answers

    I don't know this without doing research but I suspect that the law has not evolved to the point where absence of high speed internet is regarded as making an apartment uninhabitable. Further, unless there is about to be a tenant revolt or some sort of class action lawsuit, it is unlikely the landlord is about to be persuaded to upgrade if it means new infrastructure for 1000 people. But: Consider this: Talk to Comcast and other providers yourself, and see what it would take to bring...

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