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Can I sue for fraud if contractor lied about subs being licensed before signing contract?: Contractor for home renovation told me before singing the contract that all his subs were licensed. I signed the contract based on this assertion as I would have never signed if the subs were not licensed. Contractor then hired incompetent subs who were NOT licensed. Can I sue for fraud? No verbiage in the contract about subcontractors. Contractor stated he was going to use one of three subs as his project manager. The guy he hired was not licensed. He introduced me to the project manager (subcontractor) after 4 days and I only found out about everyone not being licensed after the project went off the rails. Project manager is definitely a sub as I have his personal invoice he sent to the contractor proving he controls his own profit margin. Contractor was licensed and has workman's comp but was told by IRS that that was not the sole determinant on whether his sub cane classified as an employee as there are other factors that the project manager cane classified as a sub.

Asked 12 months ago in Construction

Dana’s answer: In addition to my colleague's response above regarding the Contractor's Board, if the contractor told you that the subs were licensed and you relied on that, which I think is reasonable, and suffered damages as a result (it appears you have since the project "went off the rails") then you likely have an action for fraud. Best of luck to you!

Answered 12 months ago.


How do we ensure that customers pay us in subsequent years for software Services?: We sign multi-year Software / SAAS contracts with our contracts. Some customers pay us upfront for multiple years, while other customers just pay us for the 1st year and subsequently for future years (in that respective year). We would like to ensure that the customer keeps paying us and there is no event under which they can cancel the contract. How do we get this done without involving the legal team from their side? Involving the legal teams increases the sales process and push the cycle out by few weeks.

How do we ensure that the customer will pay us in future years? We do not want them to give a way out if the markets change or even if they are dissatisfied with our service.

Asked 12 months ago in Real Estate

Dana’s answer: You need a well drafted contract and user agreement with the client that extends over several years and does not give the option to cancel. You should hire an attorney to draft this agreement specifically for your needs; it will be money well spent. This way, if your clients refuse to pay in the future, you can bring a breach of contract action to enforce the agreement and get paid.

Answered 12 months ago.


What can I do to make a co-owner of my house pay his portion and get him off my house. He left 2 years ago and abandoned it.: Ex boyfriend and I bought this house over 2 years ago I have always lived in it. He lived in it with me for 6 months and left. He agreed to pay his half still and keep his name on the deed and mortgage. He has not paid one cent since he left, no payments at all for mortgage, property taxes, insurance, maintenance, or repair cost for the house. I have solely paid for it all. I have asked him several times to pay his share and he has refused and now refuses to take his name off of the deed unless I pay him money. He has requested 5 different financial amounts so far. Every time I meet with him at the notaries office to pay his financial depend he Refused to sign the quite claim and demanded more money. How do I get him to pay the amount that he owes me for the past 2 years of his portion of the payments that I have had to pay both mine and his portions. How do I get him off the title that he has clearly abandoned the property?

Asked 12 months ago in Real Estate

Dana’s answer: You need to hire an attorney and sue for partition.

Answered 12 months ago.