I scheduled for a fumigation services for my house. There was a wavier for roof and plant damage I had to sign before the work starts. However, I found a lot of broken roof tiles after the fumigation and the company did not want to be liable for i...
First, read your contract. Does it exclude liability for damage to your roof? Having only a refund isn't really a proper measure of damages. The proper measure, if they have liability, is the cost to repair your roof. and any resulting water or other damage.
I am not a CA lawyer, so I am not sure about the ability of a contractor to disclaim liability for property damage. Check Avvo's Find a Lawyer for a local construction lawyer with consumer law experience. They should be able to answer the question quickly. A letter written by a good lawyer like that shouldn't cost you much and is likely to get you good results. These damages should be covered by the contractor's insurance where a refund wouldn't.See question
I have a lien on a personal settlement for someone that was supposed to complete a land clearing job on my property, but got into an accident and wouldn't refund my money, and couldn't complete the job. He had been giving me updates, and all of a ...
You need to contact an attorney to help you now. I recommend taht you check Avvo's Find a Lawyer for a local construction attorney. If he or she also has consumer law experience, all the better. Meet with him or her and taks all of the information that you have, contracts, bills, receipts, emails, texts, everything. Let the attorney make a decision what will be helpful. Tell him or her the ENTIRE story, in an unbiased as possible manner, your strong points and all your weak points. People think that they don'e need to tell their attorney everything, that he or she "doesn't need to konw THAT." Well, yes they do. otherwise it will come out at an inopportune time which will not help y our case.
Your attorney will be able to provide you with a good analysis of the facts and what the contractor may be able to do. You may have great facts to be able to prove your case, but if the contractor has no assets, it will be hard to get your money back quickly.See question
We are a LLC and hired a licensed general contractor in Virginia to flip a house for us. We want to sue the general contractor since he didn't have valid permits and did some construction on the property we bought in Virginia. He did a poor job ...
Check Avvo's Find a Lawyer for a local Construction Lawyer. Since you didn't actually intend to live in the house, this may not qualify for consumer protection, but I would look for a Construction Lawyer with consumer law experience.
This sounds like a nightmare, altough unfortunately a nightmare that many of us hear about all too often. Good luck.See question
I had a gas leak and the gas company said I needed a repipe. I hired plumbers, who made a series of erros, and I ended up hiring a different company. Original plumbers put a mechanics lien on house. Last date the original plumbers worked on house ...
YOu are right, liens on residential projects in New York must be filed within 4 months of the last work. I have attached a link to the American Subcontractors Association's manual "liens and Bond Claims in the 50 States."
http://www.keglerbrown.com/content/uploads/2017/02/Lien-and-Bond-Claims-in-the-50-States-2017.pdf Scroll down to NY for a good synopsis of the NY law.
The first question is does the lien itself show that the last day of work was February 6 or did they conveniently remember that they were there on February 26 to make wure that they were on time with their filing? If they were honest and the date is correct, it is easier to ignore the lien as it is facially invalid. The other question is do you think that they will actually sue you for the money they claim that you owe? If no, then just sit tight and let the lien expire unless you have to refinance or sell the property befor the year expires (check the atachment, it doscusses that, too.
I recommend that you check Avvo's Find a Lawyer to locate a local construction attorney. If he or she also has consumer law experience, all the better (and probably less expensive, too). Tell and show them everything related to this project and get an answer from him or her. That will be better than anything you
could hope to learn on this forum as you just can't and shouldn't tell us enough of the facts to get the best answer.
You don't need a top of the line, doewntown construction lawyer as they will be more used to handling large commercial or public contrcts and will charge a fortune. You may want to look in the suburbs for advice on this.See question
The current owner of a condo unit in our association is four months behind in his fees and is under a foreclosure. Can we issue a mechanics lien?
For condo fees it is not a mechanic's lien. THe lien claimaint under a mechanic's lien actuallyhas to perform work on or supplyu materials to the property under a contract. What you have is actually easier. Your declarations will provide what the board is permitted to do and the most common action is to file a lien for the fees. This is a lien for the non payment of fees for a condo or homeowners association.
You should consider hiring a lawyer to do this for you, in fact, you are likely to be able to get your legal fees included in the lien. YOu should ahve a lawyer on retainer for all kinds of things. There are several great lawfirms that do nothing but Condo and HOA law in Ohio. I would look for one of those.See question
I bought a house from my father on 9/5/2014, a month before he died. Unknown to me, a lien was filed on the property on 9/6/2014 and the judgement was made on 10/16/2014. the lien was filed against my father, yet the deed was in my name before the...
Check Avvo's FInd a Lawyer for a local real estate lawyer. He or she should be able to help you. I am not a South Carolina lawyer, but your transaction will liekly be suspect because of the family relataionship. It could be seen as a "fraudulent transfer" (don't worry, it isn't fraud, it a technical term meaning that the property was sole below market value to avoid liens and transfer an interest to someone at something other than an arms length transaction." It should be OK if you purchased the property at fair market value. IF not, you may be liable for the lien.
Having said that I don't understand how the lien was filed prior to the judgment unless it was a lien of a mortgage that your father agreed to give or a mechanic's lien. Particularly if it is a mechanic's lien you could be liable for it as liens can be filed after the closing of a sale and generally relate to the work performed for purposes of priority. If it is a mechanic's lien, however, it has expired as, unless the law has changed recently, a lawsuit on a lien has to be filed withon 180 days in SC or the lien expires. Again, check with a local attorney for a better answer on all of the facts.See question
When doing paperwork for a foreclosure home. I knew the home had liens. It was advise to me that they have to take care of liens and that they can't sale me to house without clear. No where in the paper work did it state that I get my deposit back...
The property is sold at a sheriff's sale for the sole purpose of transfering title free and clear of all liens. The sole exception that I know of is liens that were not made a part of the foreclosure action. The foreclosure process requires all lien holders to assert their claims or forever lose them. The courts require that a preliminary judicial report from a title insurance company is filed at or about the time of the filing of the foreclosure lawsuit to assure that all liens are identified and the claimants are named as a defendant in the lawsuit to assure that they have the opportunity to assert their claim (or lose it). There are times when liens can be filed after the lawsuit has been filed, before all of the defendandants have been served. This then requires another title report to permit any other liens to be caught ans asserted. Liens can possibly be filed ourside that time period if they realate to a time prior to the cutoff. A mechanic's lien is like this.
Generally, there is little risk of having a lien survive the foreclosure without all bidders knoing about it before the sale. Here in Ohio the particular property being sold that is not being sold free and clear as a result in the above referenced failure to name all of the lien claimants as defendants the shariff's ssale lot is clearly marked as "Sold Subject To..."
If you ahve any question about this, chack Avvo's Find a Lawyer for a local construction or real estate lawyer who should be able to help you easily.See question
He is make $60k contracts using my license.
Check Avvo for a local Construction lawyer. HE or she should be able to help you sort this out.See question
We have completed wiring 2 new homes for a builder in North Carolina and he is not paying his invoices. The total owed for both homes is $8400. We plan to pursue through small claims court in the county where the homes are being built. I want to ...
You didn't say when the last time you did work on the project (each project individually). The best thing to do if you still have lien rights is to file a mechanic's lien on each individual property. You can do that without going to court. I have attached a llink to the American Subcontractors Association's manual "Liens and BOnd Claims inthe 50 states." http://www.keglerbrown.com/content/uploads/2017/02/Lien-and-Bond-Claims-in-the-50-States-2017.pdf Scroll down to NOrth Carolina for a good Summary of the state lien law, then contact one of the local Avvo lawyers for help as getting a mechanic's lien completed properly is not a task for the first timer.See question
My fence contractor broke 3 above ground sprinkler heads on my neighbors property. I have already paid my neighbor for damages; however i believe my contractor is responsible, but he says no since i signed the Terms and Conditions stating i would ...
Your contractor was responsible to your neighbor. You gave him permission to go onto YOUR property and you signed a contract that required you to mark your sprinkler lines (Interestingly, you had to mark the lines, not the heads, that could be helpful, too). Unless he was authorized to go onto the neighbor's property technically, he was trespassing.
He should have insurance that would cover damage like this, but the cost of the damage is likely less than his deductible.
That is probably your real issue, for the cost of the repair, likely around $250 to $300, you can barely hire an attorney to help without spending that much in attorney's fees. You could file a claim in Small Claims Court without an attorney or you could go the local Better Business Bureau (they will try to negotiate settlements between consumers/homeowhers and contractors with no charge to you.See question