Partnership

I was in a partnership with nothing in writing, my partner was my brother. We have had a falling out and I want my money. How do I go about getting it.

checks held in escrow on a municipal job

We are not bonded, but did the masonry work on a firehouse. Instead of putting up a bond, we wrote a check for the full amount of our contract (we took out a personal loan to do so). We were meant to understand that the money was to be held in escrow and we would get the original amount plus the interest at the end of the project. We recieved a check today for the original amount and were told that they didn't owe us any interest. Isn't that against the law?

construction liability

My husband was helping a neighbor who is a construction worker with building a roof on a new house. He fell off the roof and broke his arm and his pelvis. Who is responsible for the hospital bills?

bathroom ripout

Builder fraud?

We're in the process of building a

new home and we're approaching the

end of the process.

The builder has not finished the job

and is no longer returning phone calls

in a timely manner.

I became nervous last week, because

when the process is finished the

builder will owe me a significant sum

of money because (during the build) I

purchased and paid for several big-

ticket items that he is supposed to

reimburse me for - using the

allowances (for instance, appliances,

countertops, kitchen cabinets etc).

He has not yet taken the final draw

and I incurred additional bank fees as

a result of the time it's taken to

complete the job.

So, I contacted the bank to

investigate what's going on and ask

why I have not been required to sign

off on all of the draws during the

process (as they advised I would be

required to do). It turns out that the

builder has been submitting

photocopies of my sign off for the

first draw, for each of the subsequent

draws (2,3, and 4). They are all

dated in October 2007.

I have several concerns now -

regarding the funds and want to

know if it's legal for him to submit

photocopied draw disbursement

document?

subcontractor liens preventing home buyer from obtaining permanent mortgage

Can a person who contracted to build a home with a builder be prevented from obtaining a permanent mortgage if the builder failed to pay subcontractors for work they did which resulted in subs placing liens on the home? In this case, the home has numerous construction defects in addition to the fact that the liens on the home were filed after all money from the construction loan had been distributed to the builder who used the construction money for other purposes. The person for whom the home was built is being told by banks and title companies that nothing can be done except to bond around the liens while the arbitration process moves forward which means that instead of receiving money back from the permanent loan that she needed to pay down credit cards that would allow her to get a better interest rate on the permanent loan, the bank is making her escrow this money to cover the liens in question and to pay for a bond as well. It seems incredible that a felonious builder can hold the home buyer hostage in this way and that there is no remedy or relief for the homebuyer who was hurt in this fashion.

filing a lein

Are there requirements for filing a lein? I've been told that the contractor must first notify you that filing a lein is a possible consequence for non-payment. Is that true?

Motion to disqualify judge

Who reviews the motion to disqualify the judge? The

same judge, or a judicial

committee?

2nd motion for summary judgment

When the judge denies a motion for summary judgment,

can you ask for a 2nd notice of summary judgment? If so,

can you incorporated a countner suit to the motion

of must it be separate?

Contractor issue

we did not have written contract. original agreed time frame was 3 days, extend to one week and dragged for 2 weeks. But sill only 50% of work was done. Both parties agreed to stop the project. We offer to pay 50% of agreed amount and he demanded full payment plus cost of his tools he purchased for the project. Contractor contacted one of the family member and demanded for the payment which is even different than originally agreed amount. Check was written to contractor by family member. After reviewing his newly charged amount, we've made stop payment and request to meet to revisit his charges. This action was notified to contractor and meeting was scheduled. He failed to show up and gave run arounds. Recvd letter along with false past due invoices via cert mail and that he is going to deposit the check. He is now sueing for the 3 times amount (total of $1500) and saying that we bounced the check. His price kept changing and keep saying because we didn't have written contract that he has right. he now also denying the some of the work that was agreed to do originally. Is this legal? What do I need to prepare for the court and what is the best way?

question about recieving payment from contractor

I have a question regarding the ''unconditional waiver and release upon final payment'' form.

we did a job for a contractor, a down payment was given, and we completed the job. the contractor now does not want to pay us the remaining balance, unless we sign this form. he threatened us that by law we had to sign this form in order to get payed. i had told him that he should give us a conditional waiver since he had not payed us completely, but he wouldn't budge. what i want to know is if indeed we do need to sign this or any of theses related forms in order to get the money that is owed to us? any advice appreciated, thanks!What is the name of your state?

subcontractor not getting paid

I worked on a county job for a contractor (GC) and he will not pay me or for the equipment that was used for this job- it is a 3 year contract and it started in Oct. The county will not help, they will not give me a copy of his daily logs or minority performance report because they never required the GC to comply with that requirement.

Motion of default...Lien enforcement

Service has been served been served to all parties involved. Statued 21 days has passed and there has been no responce from any parties. What are the next 1-10 steps that I need to take before a Judge, in Chancery Court, to have this lien enforced, to have this property sold.

building codes for houses

I recently purchased a home. It is about 3 years old now. The front porch has had drainage issues from the date of purchase. The porch is made out of concrete that is situated on a concrete block foundation. The concrete porch has settled down about 1 inch in the rear, next to the house, thus collecting water when it rains. The concrete was removed today and the contractor that removed it said the porch was not built to code when the house was built. I am not the original owner of the house. Is there anything legally I can do to help recover some of the cost of replacing the concrete porch. Can the builder or previous homeowner be liable, or what about if the house was not properly inspected when originally built. I have already contacted the planning and zoning office of my county and I am waiting for a response.

Conctruction Contract

We have a contract to do certain concrete work in Miami - Dade County Florida. Our contract does not have a provision for retainage, now the contractor who hired us wants to withhold retainage. Can we lien for the balance of the contract amount?

basement question

We signed a contract on 2/2/08 and that contract stated the basement would be finished in 4 to 6 weeks. To date the basement is still not finished he needes to do the finial touch ups. Can we refuse he to come back on our property and not pay final payemts?

Fired contractor

I recently hired a painter to paint my inside of home. i paid him 50% up front for the job. We signed a contract for the job. We agreed on a start date that was changed once before without much notice. we agreed on a second start date. He and his crew showed up hours late and only worked a few hours. The work was terrible. The second day he showed up with half the crew and wanted to do alittle work that day and put off project for 5 more days because he was tired. I said that wasnt out agreement and that i needed it to be done within our said time frame because of other projects already setup to be done. He got irate with me and walked off the job. I tired calling him several times to see about my money due to me. He left a message on cell phone stating that there was over $600 in paint in the garage. I went to see and there was $350 worth of paint (found out from paint dealer). and he said he did $400 of work in 4 hours on first day. my question is what can i do to collect and money due to me?... and is it worth going to court over $600 due to me.....

unconditional waiver

i have a contractor who we did sub work for and are now having a difficult time receiving payment. Oldest invoice is dated May 2008 and last in July 2008, I didnt send a 21 day pre-leim, do i have any recourse with the unconditional waiver or other form to send them?

landscape

If I have a landscape contractor install sprinkler system and he causes damage to existing native trees because of improper trenching, and he installs wrong sprinkler system for my landscape, where do I go for help to prove this?

statute of limitations

Hi, we did a public job in 1998. It was completed in 1998. An incicident happened in 2003. We received a claim from the hotel in 2008. It has been 10 years since the job was completed. Are we still responsible?