We hired an independent contractor to do deliveries. One of the contractors did not show up on time several times, made many claims, and one day just dripped the routes and went home. Because of that we lost the contract that we had with Lowe's st...
Its possible he could be found to be an employee rather than an "indepedent contractor", and you could possibly be ordered to pay him back wages, minimum wages, overtime, interest and penalties.
The "conference" may actually be a proceeding where you could be found liabile.
If you are treating other workers as independent contractors, consult with an employer's employment law attorney BEFORE the conference and before using any more workers as independent contractors!!!!See question
We hired a licensed GC who misdirected funds, faulty work and ultimately abandoned us and other homeowners. Complaints were filed and ultimately his license was revoked. It was difficult to find a replacement contractor willing to come in not kno...
Unfortunately you appear to have run into a couple bad contractors.
Replacement contractors are often concerned about hidden defects in the work of a prior contractor, so perhaps the T&M contract was understandable, even though Home Improvement contracts are usually required to be for a fixed price.
Whether you can force him to complete the work or sue for damages for his abandonment of the work may depend on the terms of the contract you entered into with him. If he agreed to complete the work of the prior contractor, or something to that effect, he would not be justified in abandoning you absent good cause.
Many contracts also have termination provisions, allowing termination for cause or for convenience, which usually need to be strictly followed to justify a withdrawal form or abandonment of the job.
You should have a competent construction attorney review the contract and surrounding facts ASAP!
Its possible that some strong letters plus a complaint to the License Board might get him to return, if the contract terms are favorable to you. (Do NOT threaten to report him if he does not return, as this is illegal and could hurt any case you might have)See question
After the completion of the work the owner of the property did not pay us. Promising to pay but never did pay, we filed a mechanics lien on the property in 1998. Our name is still in the record but since it has been awhile, I am worried of not get...
Your lien is no longer effective or in force as you apparently did not sue on in within 90 days of filing, as required by law.
You should record a release of this lien, as the owner could sue you to get it off the property.
You also may have lost your right to sue for breach of contract etc because you waited so long.
Why did you wait so long to do something about this?
Has the owner made any written promises to pay you over the years?See question
Can you motion to change the arbitrator? This arbitrator yells at me during hearings, doesnt take into consideration Plaintiff's written or oral arguments. Tells me to "shut up - stop talking" during hearings, and most of all he threatens to have...
Bias or unfairness in the proceedings is one of the possible grounds on which an award can be vacated by a court, but this is typically very hard to do and you would have the burden of proof..
If the proceedings are still ongoing you may want to have a court reporter present to document what you believe to be misconduct by the arbitrator, or try to document prejudice or bias in some other way.See question
I would like to know whether I would have a favorable outcome in a contract dispute with a vendor that I entered a contract with. In a nutshell, the vendor didn't meet the deadline to complete the project as agreed and was non-responsive to my vo...
Unless the contract so states, you don't necessarily have the right to cancel it if performance is late.
You might have the right to damages, if you can prove the delay caused you damages.
The demand to be paid for the cabinets ordered seems reasonable as it can take 6-8 weeks lead time to get custom cabinets.
Also once you fire the contractor others may be reluctant to work with you
Consult with a construction attorney for advice based on the contract terms and proveable facts.See question
I work in the Lumber industry, I had a customer tell me that I couldn't file a lien for materials that he will called at the lumber yard, i could only file for materials if they were delivered. i'm trying to find out if he is correct
The question is not who picked up or delivered the materials, but where they were used.
If the materials were used on a specific project, then you have lien rights, unless it was in public works project, in which case you may have Stop Notice or Payment Bond rights.
However, unless you furnished materials directly to the owner of the project, you must have timely served a preliminary notice, recorded the lien within 90 days (or sometimes less) of "completion", and file suit within 60 days of recording the lien.See question
I had a truck at downtown Ford they did very minor work on it.they new I move but they had my phone number,i talk to service department quite often and told them to order a computer for the truck because they said it needed a new one,never heard b...
To legally sell the vehicle they would have to notify the DMV, who would send you a notice by certified mail to the address shown on your vehicle registration.
Did you change the address on your vehicle registration when you moved?
If they received more at auction than you owed them for their work, you are supposed to be paid what was left over.
I would send them an email or certified letter asking them to prove that the sale was done in accordance with the law, and for all documents supporting this and that the auction was conducted properly, and regarding the amount paid at the auction.
If they cannot or will not provide this information, I would promptly contact an attorney as you could possibly have a right to recover damages for an unlawful sale.
Obviously, leaving a vehicle in the repair shop for an extended period of time like this is not a good idea!!See question
In a contract, the owner (municipality) put that the contractor may encounter difficulty while drilling. The verbiage in the contract is as follows: “Difficult pile installation is anticipated due to the presence of soft bay mud overlying den...
Typically the owner provides a soil report for this type of job before bids are received.
If conditions on site are materially different than in their soils report or that were observable on a diligent pre-bid site inspection you can file an extra work/changed conditions claim upon discovery of the unforeseen condition and before doing the work.
It may also be required to file an RFI under those circumstance and to thoroughly document the existance of the unforeseen condition with photos, soil samples etcSee question
I had a landscaping project with a California CSLB licensed contractor. On the contract, we had agreed several stage of installation payment. During the project, the contractor delivered bad quality work which was not the same as contract (with d...
It is very difficult to overturn an arbitration award absent some proof of fraud, bias, unfair procedures, etc.
However, there is usually a short window of time to try to seek a correction of the award where the arbitrator has made an obvious error in calculation or in naming the parties, etc.
However, if the contractor was not properly licensed for the work, had workers but failed to carry workers comp, etc, it can sometimes be possible to convince a court to refuse to enforce the award.
You need to get legal advice on these issues SOON or you may lose your rights, as the time periods for correcting or attacking the award are VERY SHORT!See question
we are a waterproofing contractor and want to shut down our S Corp. with the state of Calfironia but we are wondering if a lawsuit from a previous job from a year ow so back comes up are we still shielded by the corp veil or would we now be person...
Corporate officers and employees of a construction company, especially RMOs and RMEs, are typically personally liable for negligent construction work they performed, supervised or directed, even though they worked for a duly organized corporation or other legal entity.
This is still true even if the corporation has been properly dissolved or has declared bankruptcy.
As another responder indicated, there is also possible liability as an "alter ego" for the owners and operators of a corporation if certain corporate formalities have not been complied with.
The best protection against this liability is to maintain a good liability insurance policy in place during all times your business is in operation, and keep records of those policies for ten years or more, even though the business has been legally dissolved.See question