I have been dealing with this high earning contractor for years. I have left because they refuse to pay timely or pay at all. They call me back constantly as they have a bad repoar with other subcontractors. Recently, I have not been paid in over ...
Yes, You need a construction lawyer. A good construction lawyer can help you with contracts (the contractor will never sign your contract, so, help you with reviewing contracts offered to you), bidding (you have to be careful on bidding, I am not sure about Florida, but generally a contractor can hold you to your bid, even if they give you a contract with different terms than you were expecting. Many states give yoiu an out if you qualify your bid, requiring them to do something in particular that they fail to do, like use a specific contract form. That gives you an opportunity to negotiate the terms of the contract or walk away if you can't, if they don't meet your bid terms. Check with a local construction lawyer.), change orders, disputes, collections, liens and lien notices.
You ahve four local lawyers who have answered this question. I would check with them first to see if you tyhink that they can help you (I can't imagine why one of them wouldn't be able to) but is yoiu aren't satisfied, check Avvo's FInd a Lawyer for a local lawyer that is experienced in Construction and Development law.
Probably the best recommendation I saw in the answers was echoed by others which said in essence, "Don't ever work for bad contractors." That has always been my theory in advising my clients (I represent construction subcontractors and suppliers in Ohio), dealing with bad contractors is just planning not to get paid or to get into a lawsuit.See question
My employer has restricted the parking on their property which I know is legal. Now they are stating that we can not park on the street which is public property that they do not own. Is this legal and If I park there anyway can I be fired?
Your employer's restrictions seem so odd, there must be more to the story. Is there a particular place that they want you to park? Why do they complain about street parking? Is it because there are meters and you have to keep running out to feed the meters? Certainly they have to expect you to get to work in a personal vehicle, I don't see how or why they would want to restrict you from parking in close proximity to work. Are there others who are told that they can't parrk on the property or in the street, too?See question
Last month I bought a time share, caught up in the moment, and I believe I may have fallen victim to predatory lending. I was told that my timeshare could easily be sold, traded and had actual value as an investment. Upon further due diligence I...
There isn't really a category for "time share scams," but the closest is Consumer Law. The problem is that to be covered by Ohio's consumer laws, you need to be in Ohio for the transaction. That probably isn't the case as when they hook you into the contract, you are sitting in thier office, sometimes in a foreign country. If you were in the United States check Avvo's find a lawyer for an attorney in that state that has consumer law experience. Your contract itself might have a choice of law paragraph. If it does, check with a lawyer in the chosen state.
Chances are that they did your transactoin right for the correct jurisdiction, otherwise their plan wouldn't work. I understand your situation and just hope that you didn't get caught in the really expensive ones. Last year we were in Mexico at a resort that had memberships. We didn't take the bait to go listen to the sales pitch but talked with others who did and were told that the program that they tried to sell them was for $100,000. We did go to one in Hawaii and that one was for a Hilton. The low end cost of that was a $25,000 "investment" fortunately we didn't take that either, but the pressure was really high, even had a second closer come in for the kill. Good luck.See question
All commercial storefront and glass has been installed, just need to caulk and can't until the stucco is up and that is delayed to weather. We have not been paid a dime on this project.
Just filing the lien isn't going to get you paid necessarily. The owner might not be paying the contractor because the work isn't finished--assuming that you are a sub--or the owner might not be paying you because you aren't finished with your work. The real question that you have to worry about is whether you have time to go back when the weather permits before your lien rights expire.
One real issue about mechanic's liens is that the treat of a lien is often more powerful than the lien itself. Sometimes just the mere threat of, "My lien time is running and I have to file a lien unless I am paid," might just get you paid since it feels more like a business reason that you are filing, not a vindictive one. My colleagues both had good suggestions.See question
I hired a general contractor to complete a job and it has been an uphill battle with getting straight answers, him doing work unapproved, and then him cussing me out over money. I want to fire him and hire someone else to finish the job
Terminating a contract like this is always very difficult legally as even if you KNOW that you are right, if you go to court over it, it will be a judge deciding if you were right or not. Before you consider such a termination, AT LEAST read your contract about what rights both you and the contractor have in the event of a termination and what is the basis for a termination. Usually, assuming that your contract is detailed emough to have a termination clause, there is usually a obligation to give notice and possibly a right to cure any default.
My suggestion is that you check Avvo's Find a Lawyer for a local Construction and Development lawyer. Let them read your contract and review your evidence of breach and give you a good apinion based on all of the facts.See question
I bought a new construction home 3.5 years ago that came with a 1 year warranty. Recently my roof started leaking into one of our bedrooms. The builder is refusing to perform any repairs and suggested I go after the original roofer, who is no...
In this context, there are two types of warranties, express and implied. The express warranty will seek to eliminate implied warranties, however, some warranties are not waivable, expecially by consumers. It is also likely that you had a longer warranty on the roof as they frequently come with a defect warranty which you could also look into.
The contractor has liability to you, he hired the sub, not you. YOu hired him to do the work and he is responsible for the people that he hires. Do not try to do this yoiurself. Check Avvo's Find a Lawyer and look for a local Construction & Development attorney that also has some Consumer Law experience.See question
Contractor finished the basement which he said would take a month, but no written in contact. it took 3 months and the electrical failed inspection. I emailed electrician, he replied he would fix. No show. Emailed him again he said he would be out...
Your question really is, "If I went to court with this, would I win?" The answer is that I can't imaging you going to court over $475, unless you wanted to make a consumer claim as was mentioned by my colleague. Your first question for yourself is, "How much do I want as a discount for my troubles?" ONce you answer that, you know your next step.
Assume that you just want the $475, if it were me, I would try to resolve this myself by contacting the contractor, expressing your dissatisfaction in both the electrical work issue and the failure to complete the matter as promised. At that point, also assuming that you are now satisfied with all of the work, I would tell him that I was ready to pay him, but that I was going to take some number, perhaps $1,000 from the invoice and pay him in full, that he should come over to pick up his check. Have him sign a waiver of liens and claims (generally a Waiver of Mechanic's Lien will do). If he argues with you, underscone the electrical issue and the $475 you paid and the delay and ask him with is fair. It is likely that he will come back with some number between $475 and $1,000. Even if is a number you want, unless it is $1,000, either give him a counter offer or tell him you will call him back that you need to talk to someone else first (spouse Girlfriend/boyfirend, parent, anything just so you don't accept it on the spot). If you are using the call back method, when you do finally accept, make it sound like you are doing him a favor because the other person you had to talk with really wasn't happy about it. If you accept too quickly, even if is the exact number you wanted, they will realize that they could have gotten you to take less and they are more likely to find a reason to negotiate more.
If none of that works, the next step is his. If you are uncomfortable negotiating a settlement now or at the beginning, check Avvo's Find a Lawyer for a local construction lawyer with some consumer law experience.See question
I signed an NDA yesterday to take a look through a website for a contractor that is working with the owners of this website. Basically, the client is working with a contractor helping them with their website. This contractor contacted me to be a s...
You need to look at the terms of your NDA, it may well provide your answer. If it doesn't, talk to your contractor, let him or her know that you are hiring a sub and get an NDA for them. YOu probably don't need a lawyer for this, but if you do check Avvo's Find a Lawyer. Look for a local attorney with Business Law experience.See question
I signed a basic contract to buy a house in Garfield Hts with all POS assumed by the seller. Seller fixed all POS items with the exception of the garage floor to be signed by a waiver by me (buyer). Can I refuse to sign the waiver? I want to mov...
I agree with Matthew and Joseph. To give you a better answer, we would all need to know a little more aoubt your purchase agreement. Based on what you wrote, it looks like you have a way out of the contract, if that is what you want. You would have to follow the terms of the contract to exercise any right of termination.
If you still like the house, except for the garage floor, you can agree on a price to be withheld from the purchase price that would be sufficient to make the corrections and, based on your agreement, either you or the seller could do the work within a specific period of time or the money is released to you. YOu will have to be concerned about dealing with the bank on that one as they will likely have something to say about you pocketing money from the transaction.
Check Avvo's Find a Lawyer that is experienced in real estate law and consumer law in the Cleveland area.See question
Worked as an Independent Contractor Managing a Commercial Construction Project for a Company (KPG) they worked as a Sub Contractor. The General Contractor quite paying KPG and in turn KPG quite paying my invoices. They have made a few payments si...
You say that it has been a "few months" since you since you were last paid and that they had made payments before that. Indiana's mechanic's lien law requires that you file a mechanic's lien within a short period, I believe 60 days of your last work on the project, so if you are past that--and it sounds like it--you don't have mechanic's lien rights. That would likely have helped you get paid. Absent that, it sounds like you have exhausted what you can to youself (you didn't say how much was due, so I don't know if you can go to small claims court by yourself or you have to hire an attorney to file a lawsuit for you in regular court), I suggest that you take all of your paperwork to a locak construction attorney. Look in Avvo's Find a Lawyer in Construction and Development. With all of your paperwork they should be able to give you the best answer. For future reference on Mechanic's Liens, the American Subcontractor's Associatoin publishes a very nice manual on liens and bond claims in all 50 states. http://www.keglerbrown.com/content/uploads/2014/09/ASA-Lien-and-Bond-Manual-2014-Edition.pdfSee question