We owe him money, but it is less than the value of the services left to complete. The "contract" simply says INVOICE and only my signature is on it. (I realize this was my fault for "just trusting" him) Additionally it's in violation of almost every requirement listed in CA BCP Code 7159. I do not want him to continue to do work, I do not want to pay him anymore money and I'd like the balance of the money that he already has for services that have not been rendered. I also believe he is co-mingling funds and using our funds to pay for a current project hence the slow down in our renovation. How can I prove this? Can I legally ask anything of him to prove our payments have been set aside for our project solely?
Personal Injury Lawyer
Have you filed a lawsuit yet? That will entitle you to the discovery/info you desire.
Nothing stated throughout any post (or related comments of any type) made by Mattthew Krupnick or his firm, KRUPNICK & KRUPNICK, APLC, is meant to be in any way construed or to be deemed to be legal advice for any person or any purpose. Also, NO attorney-client relationship or communications made through this site, unless made in private with the understanding that the attorney-client privilege would apply. The responses, comments, questions raised, or issues addressed herein are all being provided SOLELY for informational purposes and should under no circumstance be relied upon as or viewed as giving legal advice or counseling of any sort Should such a relationship be desired, client would have to contact attorney to discuss that and other issues in person, by phone, or at least in private. This cannot be relied upon without consulting with a knowledgeable attorney in your area and/or practicing in the field for which your question relates. We hope the information is helpful, but no attorney-client or other relationship is formed by the providing or reading of this information. Should there be ANY confusion about this important disclaimer, please addresss it BEFORE allowing attorney to respond to your question and before any follow-up questions, calls, or emails to said attorney.. Otherwise, it will be deemed to have been understood by all parties participating on this site.
Debt Collection Attorney
Contact a local lawyer who handles construction related disputes.
Estate Planning Attorney
The written contract may be voidable if it does not contain certain required language. A legal review of the document should answer that question and provide you with direction.
No information you obtain from this answer is legal advice, nor is it intended to be. No attorney-client relationship is intended or formed between the questioner and answerer. You should consult an attorney for individualized advice regarding your specific situation.
Construction / Development Lawyer
To answer your question, an attorney will need to review the contract and any other documents involved, including the scope of work to be done, the work completed, and payment records.
If there is no written contract, that does not necessarily make it void, but it does subject the contractor to discipline by the CSLB.
You should probably sit down with an attorney that has experience with construction matters.
Feel free to give me a call if you have some questions.
Office - 310-451-2424
I agree with my colleagues. I would simply add that you might check to determine if the contractor is properly licensed. If not, then you may be able to cancel the contract. A contractor without a license is not going to be able to sue for breach.
*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.