Skip to main content
Edward Jay Kinberg

Edward Kinberg’s Answers

20 total

  • Do I have a written contract if my name was used by a company in their bid for a government contract.

    In the request for proposal (RFP) my name was used as part of their bid to win a 10 year government contract. Can this be used in a wrongful termination case as an employee with a contract as apposed to an At Will employee?

    Edward’s Answer

    As I am not a California attorney, I cannot advise you as to your situation under California law which would be the controlling law in this case. While you need to consult a local attorney, you will need to provide the attorney with more detailed information, such as;

    Were you an employee of the contractor at that the time the bid was submitted?

    Were you an independent contractor to the Contractor at the time the bid was submitted?

    Did you submit a proposal as an independent contractor for a portion of the work to be performed under the prime contract?

    If you submitted a proposal as an independent contractor, did the prime contractor use your proposed price when it submitted its bid to the Government?

    Did you have any kind of teaming agreement or consulting agreement with the prime contractor?

    Did the Contractor use your credentials to show the Agency it could perform a portion the work called for in the RFP?

    If you were an employee at the time the proposal was submitted, did the Company have a policy and procedure manual in regard to the terms and conditions of employment with the company.

    These are some of the basic information an attorney will need to advise you as to your rights in this matter.

    See question 
  • I just recieved a letter was called "Motion to Confirm Arbitration Decision" Do I need to do anything at this point?

    The letter is in reference to a past credit card debt. I am denying payment for the fact that in 2008 I made an agreement with one of their lawyers and began making payments, after the 2nd payment I was contacted by another lawyer about the sam...

    Edward’s Answer

    If you think there is a problem with the arbitration decision, you need to respond with a motion in opposition.

    A motion to confirm arbitration will result in the court entering a judgment against you based on the arbitration award which can be enforced through a collection action.

    There are very limited reasons for challenging an arbitration decision in Florida. You need to consult with an attorney to determine if you have a basis to challenge the award.

    See question 
  • What are my options if I have to arbitrate and I am being sued by the same people i am arbitrating?

    I purchased a franchise that I discovered was teaching us to illegally charge for certain services rendered according to state law.The franchisor made no effort to right the illegality issues I filed a suit but there was an arbitration clause in ...

    Edward’s Answer

    I am not a Utah attorney and cannot provide you legal advise on what to do in this case. I also provide services as an arbitator. If the contract requries arbitration, both sides have to go to arbitration. However, you can waive the arbitration requirement in many states by defending a law suit. Once a right is waived you cann't generally get it back.

    You need to file something with the court demanding the second case be sent to arbitration. While it could be done as two separate arbitrations I can't see the sense in dong so. They could have also filed a counterclaim in the arbitration you stated.

    If you don't have a local attorney, you need to get one as the issues in a case such as yours can be tricky.

    See question 
  • Will I be able to sell my home? Work done without a permit

    Two years ago, I had a family friend that used to be a contractor build a 2nd bathroom in my NJ house. It was added to an existing laundry room with easy access to all the plumbing..pretty simple job. The thing is I just realized that I don't thin...

    Edward’s Answer

    Most importantly, you need to consult with an attorney licensed to practice law in N.J. The laws on this type of issue vary from state to state.

    In most states, there is a good chance this could be an issue for you if you sell your home. If the public records for your home sown one bathroom and you now have two, a buyer is going to want to confirm the 2nd bathroom was built in complicance with applicable codes.

    As a first step you may want to talk to you local building department to see what you need to do get a permit for the already completed work. The earlier you resolve this problem the better.

    Again, I recommend you consult with a local attorney to assist you in resolving this problem as it could delay a future sale or give a buyer an excuse to avoid a purchase contract.

    See question 
  • Is the homeowner that pulled permits for work to be done responsible for payment of subcontractors?

    My husband is a licensed builder with the state of MI. He is a highly qualified mason. He was contacted to rebuild basement walls under an existing house. It was later found, the person who contacted him was not licensed and therefore could not pu...

    Edward’s Answer

    You need to review this matter with an attorney from your home state.

    The lien laws for each state have substantial differences. In most states, a subcontractor could have a lien against the owner for work performed if the subcontractor complied with all of the requirements of the state's lien law.

    You may also have a suit against the owner and/or the prime contractor depending on how you had an agreement with to perform the work.

    This questions raises a number serious legal issues. You need to consult with a local attorney experienced in construction law before you take any further action.

    See question 
  • We have been enmeshed against our HOA. The CCRs clearly state that the HOA is responsible for repair and replacement of our roof

    Has our Lawyer committed us to a mandatory Arbitration without our signature,by sending them a letter of demand. without our permission. Are we liable must we against our will?

    Edward’s Answer

    Your best source for answering your question is the attorney you have hired.

    As a general rule, neither party is requried to arbitrate unless there is an arbitration requirement in your CCR. If that is the situtation, the matter must go to arbitration unless both parties give up that right.

    Your refernce to a "demand letter" is not clear, i.e. do you mean a letter demanding your roof be repaired or replaced or a demand for arbitration. If it is simply a demand to repair the roof, your lawyer has not committed you to a future course of action. If the letter is demand for arbitration, the letter would be the first step in setting up an arbitration.

    I am also not sure what you mean by "committed." If arbitration is required by your documents, the only action the lawyer can take is to bring the matter to an arbitration hearing. The scope of the work the lawyer is performing for you should be identified in your retainer agreement or a letter of confirmation after you initial meeting with the lawyer.

    Your last question is incomplete and cannot be answered as it is drafted.

    The bottom line is that you need to meet with your lawyer to discuss this matter and make sure you and your lawyer have a common understanding of what you want the lawyer to do for you.

    See question 
  • Is there a FAR clause that prohibits an officer/director of a prime contractor to the government from owning a sub on same ctrct

    A 2nd tier sub (woman-owned, small business) is being force-fed terms by sub contractor (2nd tier sub's prime) on major government contract where the GM of the Prime is also majority owner of the sub contractor. This relationship (GM of prime also...

    Edward’s Answer

    This information is given for educational purposes only. No attorney-client relationship exists between us.

    This is a tough question. As you know the FAR has many rules involving cost accounting, conflicts of interest and other similar issues. Different rules may apply to different contract types, ie fixed price v. cost reimubursement.

    Do you know if prime knows the GM also owns one of subcontractors. From my perspective, the prime should disclose this to the Government but without more details I cannot point you to a specific FAR provision.

    You may want to submit a freedom of information act request to see if you can obtain records showing whether or not the Government has been provided this information. If you are concerned there may be a fraud, waste or abuse issue, most agency's have a hotline you can call and provide information confidentially.

    See question 
  • Can a sub-contractor put a lien on our property if he is not paid in full by the general contractor?

    It is true that when having renovation work done on your property, if the general contractor hires a sub-contractor to perform duties and doesn't pay him...we as homeowners are liable. It was the general contractor who hired the sub-contractor wi...

    Edward’s Answer

    This information is given for educational purposes only. No attorney-client relationship exists between us.

    The answer to your quesation depends on where you live as each state has its own rules for construction liens.

    In Florida a subcontractor that has served a notice to owner on the owner within 45 days of the first day of the subs work can record a lien against your property for up to 90 days after the last day the sub worked at your property.

    Once you receive a Notice to Owner from a subcontractor or supplier you have to make sure you get a release of lien from that contractor for any work or materials that were provided during the period for which are paying the subcontractor.

    As the statutes vary substantially from state to state you need to discuss this matter with an attorney that practices in the state in which the property is located.

    See question 
  • FL partnership laws

    I have a commercial property which is own 50% my me and 50% by my partner. he doesn't want to talk to me he wants to sell. We have a tenant that has a 10 year lease. I which to sell in the future so we can get a better price for the property. Can ...

    Edward’s Answer

    If each of you own 50% of the property, neither of you can force the other to sell the property without a court order unless the agreement between the two of you gives one of you the authority to sell the property.

    You did not indicate if you own the property personally, as a partnerhhip, a LLC, corporation or trust. The manner in which you own the property can have an impact on who or how the property can be sold. More importantly, if the property is not in some of jointly controlled name, the person or business whose name is on the property may be able to sell the property.

    You need to see an attorney experienced in real estate issues as soon as possible. When you do see an attorney, make sure you bring all of your records about the property with you.

    Getting legal advise on this issue should not be put off.

    See question 
  • Dissolve "S" corp.

    I am a licensed contractor in AZ. I recently sold my business, contacts, name, and assets. I want to dissolve my s corp but what happens if a complaint is filed against my old licence?

    Edward’s Answer

    Unfortunately, this has to be answered by an Arizona attorney as it is an issue of State law.

    In Florida, all corporations doing construction have to be "qualified" by a licensed contractor. If you are the "qualifier" for the business, you are responsible for complying with the statutory duties of a "qualifier" whether or not you are the owner. If the company you are qualifying violates the statutes regulating construction, the qualifier could lose his/her license.

    It is critical that you review this issue with a local attorney experienced with construction law in your home state.

    See question