I live in a condo. The maintenance man said that he clean up the gutters in 2014 ( fall clean up). He did not submit a bill, we have no proof that the work was done. He was supposed to turn in a paper to get paid, but he never did. He is asking for the association to pay him or he will take us to court.
Speak with the Association, it should be covering such maintenance. The maintenance man's contract should have been with them.
To the PROSPECTIVE client, please call with more details, and for an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon the information you have conveyed. It is based on such limited information that it is a general answer, and should not be relied upon as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.
A contract is offer, acceptance, consideration. It depends on your agreement with him. If he was supposed to clean the gutters and be paid for it and did the work it would seem he should be paid. Someone could check the gutters.
Always consult an attorney IMMEDIATELY as there are time limitations on filing a lawsuit.
Hopefully your condo board has an attorney that they work with on various legal issues concerning the association. I suggest you contact the associations attorney and have him review all of the facts in detail and give you an opinion. Your question is extremely fact intensive and will depend on what kind of contract exists, if any.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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