What type of lawyer would I need if a building contractor abandons th job site?
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What type of lawyer would I need if a building contractor abandons th job site?
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My wife and I were having our kitchen and bath remodeled and we had come to find out that the workers were not getting paid and we are not able to get a hold of the contractor.
It also turns out (we are not sure yet) that the contractor may be using someone elses liscence number.
Technically in the contract it was specified that the construction will be finished 90 days from the start date. We have not reached that point yet but I have a strong feeling that the work will not get finished and the contractor may abandon the job.
Note: The contractor is almost payed in full. (-$200.00) and my wife and I spoke to one of the workers. They mentioned to us that the Contractor told them they could not get paid because we neve paid the contractor. We are also unable to get a hold of the cabinet company that is building our kitchen cabinets. Suposedly they have not been paid either. Additional Details In response to Rehman Vohra's answer:
The contract is in writing. As for how the contractor contacted us; My wife submitted some information on the internet (unsure of wich site) and the contractor contacted us. For payment, we paid him by check. I logged on to our banks web side and printed out the photo copies of the checks that we had given him. The terms of the contract (off the top of my head) were :
Kitchen: we were to supply the faucet and appliances only.
As for the cabinets, he did order them himself but we did speak with a designer from the company but all we have is a copy of the layout that he gave us. (I did sign his copies)
We are plannint to wait the 90 days to take any action but like I said previously, I have a strong feeling he is going to abandon the site.
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rehman vohra
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You need a good lawyer. The case in question involves both civil and law.
Is the contract in writing or oral?
How did you contact the contractor?
Did you pay him in cash or by check? If by check his address can be traced through your bank
What were the terms of the contract regarding the supply of materials and labor?
It appears that the cabinet was ordered by the contractor. Do you have any proof of the order or is it just the word of the contractor?
If he is using someone else' license, you can verify from the actual license holder or you can report the matter to the licensing authority.
If you try to cancel the contract, you may be held for anticipatory breach. You have to wait until the expiry of 90 days to take legal action. |
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One Step Ahead
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Look under the state of XX, go can look on line. Go into your state website and you will see verify licenses. Go down to contractors licenses. Put in the name of the person or company that you made the check payable to. It will show if they have any legal actions pending.
Go to your city hall planning department, and talk to someone about your concerns.
You will know the next time, never pay up front until the job has been completed. If you do not pay them, they can put a lien against your home.
The two links below will give you an idea of what you need to do. |
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Sorbelill
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For the wonderful info
I'll be back for sure.
Thanks!
Have a wonderful and prosperous 2011...
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